MEASURES IN FAMILY LAW CORONAVIRUS CRISIS COVID 19

Measures to speed up Family Law procedures. G.Elias y Muñoz Lawyers specialising in Matrimonial and Family Law

As a consequence of the serious health, economic and judicial crisis that COVID 19 has generated, the Government has issued new measures in the field of Family Law in order to streamline procedures related to Matrimonial Law and related matters.

In particular, the following measures have been enacted: 

I) Special and summary procedure in matters of Family Law

While the state of alarm is in force and up to three months after its end, the following claims shall be decided through the special and summary procedure regulated in Articles 3 to 5 of this Royal Decree-Law:

(a) Those concerning claims relating to the re-establishment of the balance in the visiting or shared custody regime when one of the parents has not been able to attend to the established regime in its strict terms and, where appropriate, shared custody in force, as a consequence of the measures adopted by the Government and the other health authorities with the aim of preventing the spread of COVID-19.

b) Those whose purpose is to request the review of the definitive measures on marriage burdens, economic pensions between spouses and alimony recognised for the children, adopted in application of the provisions of Article 774 of Law 1/2000, of 7 January, on Civil Procedure, when the review is based on the substantial change in the economic circumstances of spouses and parents as a consequence of the health crisis caused by COVID-19.

c) Those seeking the establishment or review of the obligation to provide maintenance, when such claims are based on a substantial change in the financial circumstances of the relative obliged to provide such maintenance as a result of the health crisis caused by COVID-19.

II) . Jurisdiction.

1. The court that has ruled on the visiting arrangements or joint custody whose rebalancing is sought or that has agreed the definitive measures whose review is sought shall have jurisdiction to hear the proceedings referred to in paragraphs a) and b) of the preceding Article.

2. The court indicated in Article 769.3 of Law 1/2000 of 7 January shall have jurisdiction to hear the proceedings provided for in paragraph c) of the preceding Article, when it is a matter of the establishment of the maintenance claimed by one parent against the other on behalf of the minor children, and the court that has jurisdiction in application of the general rules of Article 50 of the aforementioned Law 1/2000 of 7 January, when it is a matter of the provision of maintenance in favour of any other maintenance provider. When the application concerns the review of the maintenance payment, the court that had ruled on the same at the time shall have jurisdiction.

III) . Processing .

1. The proceedings shall begin with a claim, with the content and in the form of an ordinary lawsuit. The claim referred to in paragraphs b) and c) of Article 3 must be accompanied by documentary evidence in the form of a certificate issued by the entity managing the benefits stating the monthly amount received as unemployment benefits or allowances, in the case of legal unemployment, or the certificate issued by the State Tax Administration Agency or by the competent tax administrations of the Autonomous Community of Navarre or of the Historical Territories of the Basque Country, on the basis of the declaration of cessation of activity declared by the interested party, certifying the cessation of activity or reduction in income, in the case of self-employed workers.

2. Once the application has been examined, the Legal Adviser for the Administration of Justice shall admit it by decree or, when he considers that there may be a lack of jurisdiction or competence, he shall inform the judge so that he may decide on its admission in this case.

3. Once the application has been admitted, the Legal Secretary for the Administration of Justice shall order that the parties and, where appropriate, the Public Prosecutor's Office be summoned to a hearing, which must be held within ten working days of the date of admission of the application.

4. Prior to the hearing, an attempt may be made to reach an agreement between the parties, which shall be judicially approved. In the event that there is a minor interested in the subject matter of the proceedings, this agreement may only be homologated considering the best interests of the minor. Likewise, prior to the hearing, in proceedings initiated by the application referred to in paragraph a) of Article 3, the minor children shall be heard in a reserved manner if the court deems it necessary and, in any event, those over twelve years of age.

5. The hearing shall begin with the plaintiff being given the floor to ratify the claim or to amplify it without making substantial variations, and then to the defendant to reply to the claim, and a request may be made to hear the case in evidence. A counterclaim may also be filed. The parties may request, at least five days prior to the date of the hearing, that evidence which, if it is to be taken at the hearing, requires a summons or subpoena, or that documents held by public or private institutions which are not available to them be requested. The parties will have to attend the hearing with the evidence they intend to use, and said evidence, as well as that which the judge may order ex officio, will have to be taken at the hearing itself. If it is impossible to do so in relation to any of the evidence, such evidence must be produced within the time limit set by the judge, which may not exceed fifteen days.

6. Once the evidence has been taken, the parties may be given the opportunity to speak in order to formulate their conclusions orally.

7. At the end of the hearing, the court may issue a decision, in the form of a judgment or an order as appropriate, either orally or in writing within three working days. In the case of an oral decision, the decision shall be documented with a statement of the judgment and a brief statement of reasons. When a decision has been given orally, if all the persons who were parties to the proceedings are present in person or represented and express their decision not to appeal, the decision shall be declared final on the same day. Otherwise, the time limit for appeal shall start to run from the date of service of the decision duly drawn up.

8. An appeal may be lodged against the decision terminating the proceedings.

9. In all matters not provided for in this Article, the provisions of Law 1/2000, of 7 January, on Civil Procedure, for the processing of oral proceedings, shall be applied supplementarily.

Remember that our firm has lawyers specialising in Family Law, Matrimonial Law and divorce-related matters.