We all know good news is heard less often and that bad news sells newspapers. My good news this month is that family lawyers can, and indeed do, help couples whose relationship breaks down. In particular, where there are children involved and by reaching agreement lengthy court proceedings can be avoided.
Sadly, and all too often, people believe the involvement of lawyers in a family matter will increase tensions and lead to spiralling costs. The contrary can be the case, by managing the expectations of a client in financial matters a realistic settlement can be reached which prevents the need to litigate and go to court in a contentious proceeding. Equally a person in a weaker position can have their fears allayed and be protected by their lawyer.
The same applies in child custody and visits agreements. It is far better to find a sensible solution than to hand the decision to a Judge in court. It is true that a Judge will act in the best interests of the child but it is still preferable to reach a workable agreement with the other parent.
In most areas of Spain the court will not order Joint custody without the agreement of both parents. The default regime is for the non-custodial parent to have every other weekend, 4 weeks in summer and alternate Christmas, Easter and birthday holidays. The lawyer who advises you can draft this into an agreement which can be approved by the court saving a lot of time and money. Although it is not inexpensive to take this agreement to the courts it does give the security of having a fixed and established regime bringing security to the children and the parents.
If you have no children and there is no dispute over assets an agreement to divorce can be reached and a Deed signed before a notary. This reduces costs and provides a binding divorce order which can be registered with the Civil registry in Spain.
For more information contact us for a confidential consultation on 952 527014 or email on [email protected]