There are many ways in which people define what a family is. The RAE dictionary defines family as a group of related people living together or a set of ascendants, descendants, collaterals and relatives of a lineage. This implies that any problems that may arise within the family will be particularly problematic for anyone involved in the unit. Therefore, it is then that family and family law come together to resolve the differences experienced in the most amicable way possible.

Brief Statistics on Family Cases

Family law is a broad area of law that deals with domestic relations and family matters.

• In the last three years, 48% of the judicial events were family court battles. Of these, 56% proceeded to trial, while 44% were pre-settled. Custody and access cases accounted for 9% of all court battles. Child protection claims also proliferated, resulting in higher than normal court activity.
• In the same period, up to 5 million Spaniards divorced or separated. Of this figure, up to 38 per cent of couples had children at the time of separation or divorce.

Therefore, the family courts have witnessed an increasing number of cases. Divorce cases are the most worrying, as between January and March 2019 they have reached 129,136 cases. This figure represents an increase of 6% over the same period in 2018. In this article, we will look at some of the most common cases that family law lawyers face on a day-to-day basis.

1. Divorce

These are the most common family law cases. Other areas covered in family law include legal separation, annulments, habeas corpus proceedings, child custody battles, grandparent visitation, petitions for review, administrative support hearings and appeals, adoptions, legal guardianship and name changes. The common cause of divorce is often the breakdown of communication between spouses and family members. Divorce can become a brutal battle. Therefore, it is vital to choose a family law attorney who understands what is at stake and what you are going through.

2. Custody of children

Parents have rights and duties towards their minor children. They are supposed to protect their children, nurture them and provide them with a comprehensive upbringing, as well as care for them. This means that both parents have an interest in the children's growth, development and education, regardless of the response to their care.

Even when parents agree to separate, they are required to continue to exercise parental authority over their young children. However, there are exceptional cases in which the courts may confer this responsibility on one of the parents. However, there are cases where one parent violates the rights and decisions of the other parent in relation to the child without adequate consultation. Such violations can be prevented by an enforceable judgment and, in the end, a modification of the measures is necessary.

3. Guardianship and custody

When a couple separates, custody of the children may be awarded to one of the parents, in most cases to the mother. It can also be awarded to both parents in what is called joint custody. In such a case, the interests of the child will prevail, i.e. the type of custody that ensures the welfare of the child will be the one that justice will pursue.

In most cases, children should continue to live with their parents. Therefore, an experienced family law lawyer will argue for joint custody of the children.

4. Alimony

This remains one of the most common family law cases that family law lawyers handle in their daily careers. When parents with children divorce or separate and the court establishes custody for one of them, the other spouse is obliged to support their minor children. Maintenance means not only food, but also their health and education. Therefore, in such a situation, the judge declares that a monthly payment is made for each of the children.

The amount to be contributed depends on the child and the income of each of the spouses. However, calculations vary on a myriad of factors and there are guidance tables indicating child support in these court proceedings. In joint custody cases, there is usually no child support involved. Therefore, each spouse contributes to the expenses of their children while they live together.

5. De facto union

Although marriage is usually the most common form of union in Spain, the truth is that more and more couples are deciding to formalise their relationship by becoming unmarried partners.

The rights of a domestic partnership are becoming more and more similar to those of a marriage, although there are still differences. In the event of the death of one of the partners, if he or she has not made a will, the inheritance rights of his or her partner depend on the place of residence, as this is a matter for the autonomous communities. The partner of the deceased is entitled to a widow's or widower's pension, although for this to be effective, at least five years of cohabitation must be proved. 

6. Prenuptial Agreements or Capitulations

When two people want to get married, but want to ensure what will happen to their assets in the event of separation or divorce, they must sign a prenuptial agreement. In Spain, more and more couples tend to specify the terms that will govern their separation, both financially and with regard to their children. 

The most common economic regimes in our country are: community property, separation of property and participation. As they are drawn up prior to the marriage, the drafting of the contracts guarantees the objectivity and good faith with which the agreements have been reached, while at the same time facilitating the divorce and the liquidation of the assets.

7. Inheritance Settlement

It is quite common for conflicts to arise when it comes to distributing the assets of an inheritance due to a lack of agreement between the heirs. The most frequent problem occurs when the heirs accept the inheritance, but do not carry out the partition or adjudication of assets and ownership. In this case, it would be necessary to initiate legal proceedings. However, this procedure can have its drawbacks, which is why it is essential to have the advice of a professional firm to avoid conflicts and bad transactions.

8. Guardianship

Guardianship is another family law case and is defined as the authority granted by law to an adult to care for an unemancipated minor or disabled adult. The adult must be appointed by the judge to assume the responsibility. This responsibility, however, ends with the coming of age of the minor. It also comes to an end through a court decision terminating the disability.

Conclusion

Family law disputes are real and happen every day. While more can be done to prevent family court battles, when they do occur, it is important to find a reputable family law lawyer. This will ensure that you get a good deal and that the outcome of the case is favourable to both parties.