Marriage crisis, separation and divorce
Legal separation consists of an authorisation granted to a couple by a judge so that they can separate, but without dissolving the marriage – neither party can remarry. Divorce means an end to the marriage and to cohabitation – both parties can remarry. You can request a divorce without the prior need for legal separation.
Azuara & Baviera address all aspects of marriage crisis: parenting plans, spousal maintenance, compensation for work reasons, child support, provisional measures during divorce proceedings, emergency measures, shared custody, visitation rights, divorce agreements, use of the marital home, use of a second residence and grandparent and non-parent visitation, etc.
Modification of measures set out in agreements and judgements
The law provides for the possibility that court orders, which have been authorised during a divorce proceeding, such as: maintenance, pension rights, compensation benefits, custody of minors, use of housing, etc., can be modified by a subsequent judgement, if a person’s circumstances have changed sufficiently to warrant it.
Prenuptial and postnuptial agreements
Our law allows spouses to determine the rules by which they govern their marriage, including the consequences of a hypothetical separation and divorce. However, in our country this process is rarely used, unlike in many other countries where this type of regulation of financial issues is common.
Stable and cohabiting couples
The Codi Civil de Catalunya (CCC) (Catalan Civil Law) treats the separation of stable and cohabiting couples in much the same way as it does for the divorce of married couples. The CCC considers a couple to be in a stable relationship if they have lived together for two years or more, have a child or children together or have formalised their relationship with a legal agreement.
The current law in Spain provides certain rights and obligations to people who have a parent-child relationship. In some cases this relationship can be challenged and in others there is a need to urge recognition.
Power of attorney
The aim of the power of attorney procedure is the protection of a person whose mental or physical abilities do not enable them to represent themselves. The court’s decision can include appointing a guardian, legal defence or an assistant.