What is a matrimonial lawyer?

A matrimonial lawyer is the person who represents and advises his clients in divorce proceedings. At such a complicated time as a break-up, only an expert will avoid complications and will look after your interests and peace of mind, and will advise you on the nullity of the marriage, child custody, alimony, etc.

A divorce can be processed in court or at the notary's office, the latter as long as there are no minor children or children who are dependent on their parents.

In addition, the lawyer is not only involved in separation or divorce proceedings, but also in the modification of the matrimonial property regime, which can be done without separation or divorce.

Matrimonial lawyers handle other types of cases in addition to divorce. Separation of marriage and marriage annulment are two cases that also fall within the scope of marriage law.

What are their functions?

The main function of a matrimonial lawyer is to represent his client whether the divorce is by mutual agreement or contentious divorce.

Divorce by mutual consent is regulated in the Civil Code and in the Civil Procedure Act. The spouses must have been married for at least three months before the divorce can take place.

Article 777 of the LEC sets out the procedure by which both spouses (or one with the consent of the other) file a petition for separation or divorce by mutual consent.

If the divorce is by mutual consent, the lawyer must draw up an agreement between the parties in which the measures agreed between them are set out. This agreement regulates, if there are minor children, custody, visiting arrangements, alimony, among others. If the agreement is not drawn up, the judge will decide on these issues.

Determining the custody of your children will be one of the most important issues you will have after a break-up. These types of cases are challenging for matrimonial lawyers because the interests of the children are at stake.

In the event of financial instability between the spouses, one of them will be responsible for paying the other a pension, as regulated in article 97 of the Civil Code.

It goes without saying that it is always better to settle the divorce amicably rather than going to court.

One of the great advantages of an amicable divorce is that it offers the possibility of liquidating the community property, unlike a contentious divorce where this is not possible, as the divorce decree dissolves the community property, but not its liquidation. A more costly procedure for the liquidation of the matrimonial property regime must be initiated, which is regulated in the Civil Procedure Act (Ley de Enjuiciamiento Civil). Due to lack of agreement, a divorce by mutual consent can become a contentious divorce.

A contentious divorce is the breaking of the marital relationship before a judge, due to a lack of agreement between the parties. In this case, both parties must be represented by a lawyer and a solicitor.

Likewise, the lawyer will be in charge of filing the lawsuit or answering it, as well as of all the corresponding legal procedures, informing and advising his client about all the phases of the process until the judge decides on the measures to be taken after the divorce. A matrimonial lawyer is indispensable in both consensual and contested situations, especially if the parties are in agreement, a lawyer can be sufficient.

Whether you wish to modify the measure or receive a demand, the best thing to do is to consult your matrimonial lawyer about your specific case.

What qualities should a matrimonial lawyer have?

He or she should be able to negotiate well in order to reach an amicable agreement and avoid a contentious divorce.

The family lawyer must have good experience and know the best way to deal with each situation as well as help you in making important decisions.

The lawyer should be up to date with the latest legal developments and be familiar with family law legislation.

The matrimonial lawyers are also there to claim compliance with the order of the Family Court. For this, the usual way is to file a petition for enforcement.

Matrimonial lawyers should be aware of the existence of contingency procedures in some cases. One is to prevent international child abductions, but there are others that are not related to deportation, such as providing food and necessities for the children, imposing a correspondence ban, or deporting some or all of these persons. Protecting children from danger.

When negotiations become a waste of time, a good matrimonial lawyer will tell you the healthiest, quickest and most realistic way to resolve a dispute, which in almost all cases will be to file a lawsuit.

The best lawyer for these cases is the one who strikes a balance between a good negotiator and a ruthless advocate for your interests in and out of court.

Conflict in a marriage is predictable, so we recommend seeking advice as soon as you realise that your marriage is not going well.

Choosing the right lawyer is extremely important, so if you are going through a divorce or separation process do not hesitate to contact us as we specialise in this and can give you the best advice in this delicate situation by analysing your case.