When the family breaks apart, you need
A GOOD LAWYER
Specialized in Mutual Agreement Parental Measures
CUSTODY AND CARE
- Shared
- Paternal
- Maternal
CHILD SUPPORT
- Amount
- Guidelines
- Expenses
PARENTAL AUTHORITY
- School
- Education
- Residence
COMPENSATORY MAINTENANCE
- Dedication
- Employment
- Temporary
VISITATION RIGHTS
- Weekends
- Overnight stays
- Schedules
HOME ALLOCATION
- Family
- Minors
- Agreements
Portada › Practice areas › Family law › Mutual agreement parental measures
PROBLEMS
01
My partner and I have reached a complete agreement regarding the custody and care of our children.
We need a lawyer to draft a legal regulatory agreement for us.
02
We are completely in agreement on the terms related to our children.
We need a lawyer who can draft a legal agreement that faithfully reflects our agreement.
03
Although our relationship as a couple has ended, we remain committed to the shared upbringing of our children.
We are looking for a lawyer who can formalize our agreement in a legal manner.
SOLUTIONS
PSYCHOLOGICAL SUPPORT
Professional support focused on protecting the emotional well-being of minors and helping parents manage the separation process responsibly.
LEGAL CONSULTATION
Personalized legal advice to establish mutual agreement parental measures that prioritize the best interests of the child.
FAMILY MEDIATION
Mediation processes aimed at reaching peaceful, fair, and lasting agreements between both parents.
I am
Javier Sanz,
a family lawyer specialized in
Parental Measures
I know you have many options when seeking legal assistance, but I want you to be so satisfied with our work that you always rely on our law firm to defend your most personal rights.
WE HAVE THIS ABILITY TO EMPATHIZE WITH YOUR PERSONAL SITUATION, QUICKLY BECOMING YOUR TRUSTED LAW FIRM.
This is the reason why so many clients always rely on our firm to handle their family matters.
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The standard of care we guarantee you
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WHAT YOU SHOULD KNOW
TESTIMONIOS
Las reseñas que nos animan a seguir esforzándonos
David
“Un asunto muy delicado de custodia de un hijo me lo resolvió de manera más que diligente. Y no sólo eso, sino que en cierto modo se implica de manera personal. Conoce el derecho y conoce cómo tratar a un tipo que va preocupado a su consulta. Me ha llamado incluso en fines de semana para preocuparse por mi tema. En ocasiones parecía más un amigo que un abogado, pero os aseguro que al final era abogado, y muy bueno. Solo puedo hablar bien de él.”
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What does the procedure consist of?
It is the process through which parental measures are legally established and formalized by mutual agreement to protect the best interests of the children.
REGULATORY AGREEMENT
With the help of a lawyer, they draft a regulatory agreement that details all the agreements reached.
RATIFICATION BY THE PARTIES
Parents ratify the agreement before the judge, who verifies that it is fair and protects the best interests of the children.
JUDICIAL APPROVAL
If the judge approves the agreement, a court ruling is issued, granting it binding and enforceable effect.
ADDED VALUE
Mutual agreement saves time and money, reduces conflict and ensures fair, lasting agreements.
BEST FOR CHILDREN
It promotes peaceful co-parenting and secure, stable well-being for children.
LEGAL SAFETY
The agreement can be enforced in court in case of non-compliance.
Sure you still have questions
I have prepared a list with some of the most frequently asked questions, but if you still have doubts, write to us at hola@abogadoviolenciadegenero.com and we will help you.
Decisions affecting minor children must regulate: the exercise of parental authority, the custody and care regime (shared or sole custody), the visitation schedule, holidays, communications and stays; child support, the percentage of extraordinary expenses to be assumed by each parent, and the attribution of the use of the family home.
Parental authority is the set of obligations and rights that the law grants to parents with respect to relevant decisions in the lives of their non-emancipated minor children, and it shall always be exercised for their benefit and in accordance with the provisions of Article 156 of the Civil Code.
Parental authority is always shared, unless, in order to protect the children, the contrary is established by judicial decision. Likewise, and on a specific basis, its exercise may be granted exclusively to one parent for the adoption of a specific decision with respect to which the parents are unable to reach an agreement.
Without constituting a closed list, the following decisions would fall under parental authority:
Deciding on the school the minors must attend or a change thereof.
Deciding whether the minor should attend a psychologist or receive any type of medical or professional treatment, or undergo any type of surgical intervention (provided that the decision does not need to be taken urgently, without the possibility of consulting the other parent at that time).
Deciding the Autonomous Community in which the minor will reside, in the event of relocation.
Deciding whether the minor may or may not receive First Communion.
Deciding whether the minor may/must undertake certain trips abroad (whether for study or leisure purposes).
In short, any decision that significantly affects the life of the minor.
The custody regime regulates the residence and communication of minor children with their parents and may be sole or shared. It is entirely independent of parental authority. The type of decisions included under this arrangement is limited to ordinary or day-to-day decisions that may arise in the child’s daily life and that will be made by the parent who is with the child at any given time (for example, what the child should eat, how to organize their routine at home, etc.).
To determine the amount, the specific circumstances of each case must be taken into account, considering both the financial capacity of the person obliged to pay and the needs of those who receive it, and it must be proportionate to those circumstances.
Child support may be increased or reduced provided that an unforeseeable change occurs, sustainable over time, beyond the control of the person requesting the modification, and of sufficient significance compared to the situation considered at the time it was determined—both with regard to the obliged party (payer) and the recipient (beneficiary).
The visitation regime is a legal agreement established between the parents of a minor when a separation or divorce occurs. It consists of a set of rules and guidelines that determine when and how the non-custodial parent may visit their son or daughter.
This agreement seeks to protect the best interests of the minor, guaranteeing their right to maintain a relationship with both parents, even after separation. In addition, it allows parents to organize and plan visits, avoiding potential conflicts and misunderstandings.
It is important to note that the visitation regime is not an exclusive obligation of the non-custodial parent, but also of the parent who has custody. The latter must facilitate the visits and encourage the minor’s relationship with the other parent, provided that it does not negatively affect the child’s well-being.
Spousal support is a legal concept in family law that is established to balance the economic inequalities that may arise as a consequence of a divorce or separation. This support is granted to one of the spouses when the divorce or separation creates an economic imbalance that negatively affects one of the parties, especially if one of them has devoted more time to caring for the household and children to the detriment of their professional career or personal development. Below, I explain some key aspects of spousal support:
Objective
The main objective of spousal support is to ensure that the spouse with fewer resources, or who may find themselves in a situation of economic disadvantage due to the marriage and subsequent divorce, can maintain a standard of living similar to that enjoyed during the marriage, while achieving economic independence.
Criteria for Granting
The granting of spousal support is based on several factors, such as:
Duration of the marriage: The longer the marriage has lasted, the more likely it is that support will be granted.
Age and health status of the spouses: Special consideration is given if one of the spouses is older or has health problems.
Economic and professional capacity of each spouse: The ability of each spouse to earn income after the divorce is assessed.
Contributions to the family: It is considered whether one of the spouses has sacrificed their career to care for the household or children.
Duration
The duration of spousal support may be temporary or indefinite, depending on the circumstances of the case and local legislation. In many cases, it is established for a sufficient period of time for the beneficiary to obtain the education or work experience necessary to support themselves independently.
Modification and Termination
Spousal support may be modified or terminated if the economic circumstances of either spouse change. For example, if the recipient significantly improves their financial situation or if the payer suffers a deterioration in theirs, the support may be reviewed or cancelled. In addition, it is usually terminated if the beneficiary remarries.
Legal Process
To establish, modify, or terminate spousal support, a judicial process is generally required, in which a judge will evaluate the arguments and evidence presented by both spouses.
Spousal support is an essential tool in family law to ensure economic fairness and justice after a divorce, allowing both spouses the opportunity to maintain an adequate standard of living and adapt to their new life circumstances.
The attribution of the family home in a divorce or separation process is an important decision that is made by considering several key factors to guarantee the well-being of the most vulnerable parties, especially the children. Below, I explain how this decision is made and under which criteria:
Determining Factors
Presence of Minor Children: The most decisive factor in attributing the family home is the custody of minor children. Generally, the use of the home is granted to the parent who is awarded custody of the children, with the aim of providing stability and continuity in their living environment.
Economic Situation of the Spouses: The economic capacity of each spouse to obtain alternative housing is taken into account. If one of the spouses does not have sufficient means to find a new home, this factor may influence the decision.
Ownership of the Property: Ownership of the property may also be relevant, especially if the property belonged to one of the spouses prior to the marriage or if it was inherited or received as a donation.
Contributions to the Home: In some cases, consideration is given to which spouse has contributed more to the maintenance or payment of the home, although this factor usually carries less weight than the previous ones.
Judicial Process
The attribution of the family home is determined during the divorce or separation process through a judicial ruling. The judge analyzes all the factors mentioned and makes a decision based on the best interests of the children and the circumstances of the spouses.
Temporary or Permanent Nature
Temporary: The attribution may be temporary, depending on circumstances such as the age of the children or the need for one of the spouses to have time to adapt to their new economic situation.
Permanent: It may be permanent depending on property ownership and the agreements reached by the spouses, or as a result of a judicial decision in the divorce process.
Special Situations
In cases without children or where the children are already independent, the decision becomes more complex and will depend more on other factors such as prenuptial agreements, the economic situation of the spouses, and contributions to the home during the marriage.
The attribution of the family home is therefore a complex issue that seeks to balance the emotional and economic needs of the children and the spouses, ensuring the fairest and most appropriate solution for all parties involved.