Eduard Baviera is interviewed by La Vanguardia

Interview Eduard Baviera Lawyer. Founding partner of Azuara & Baviera Advocats

“Divorce is not the problem, it’s the solution to a bad marriage.”

90% of the conflicts that arise in a divorce are related to money. Eduard Baviera, a lawyer specialising in matrimonial law, but also an expert in finance and wealth management, explains this to us. Therefore, his knowledge of financial matters makes him an excellent ally in divorce proceedings and, in general, in the field of family law. If something is quantifiable, the best thing to do is to put the matter in good hands…

I would say that you are a matrimonial lawyer who is comfortable with finances…

Yes, from experience and training. In addition to being a lawyer, I did an MBA at ESADE with a specialisation in finance, which led me to work for years in private banking and wealth management. On the other hand, I had been seeing the need to cover the economic and financial aspects derived from separations and divorces, so, together with my partner, the civil lawyer Pedro Azuara, we created Azuara & Baviera Advocats in 2009, as a law firm specialised in matrimonial and family law, expert in resolving the economic aspects derived from matrimonial crises: from those inherent to divorce proceedings, such as the calculation of compensatory and alimony payments, to others of a more patrimonial nature, such as the distribution of business assets and property. The breakdown of a marriage generates an explosion of financial problems and this is where we can provide added value.

Is having a specialised lawyer, not a generalist, another aspect to take into account?

Yes, it is. In the same way that when there is a tax problem you look for a tax lawyer, when it comes to divorce you have to go to a specialist. The future of a family is at stake, so specialisation is a matter of responsibility. It seems to me an arrogant approach to propose to take on all kinds of cases just because you are a lawyer. First of all because there are barely twenty or so articles in our Civil Code that serve as a basis for regulating a divorce, which means that you have to be up-to-date with case law and also know that each judge will interpret the legal rules in relation to the social situation in his or her territory. To be a good matrimonial lawyer, you have to be a dedicated matrimonial lawyer.

And what is your approach as a family lawyer? Is mutual agreement the primary objective?

Yes, it is. At Azuara & Baviera we believe that negotiation is the best formula for resolving disputes, considering litigation as a last resort. In a contentious case, offences multiply, which makes the divorce process much more difficult and this is not a good thing for the spouses. Divorce is a traumatic and difficult situation, in which we leave many feathers in the wind, so the best approach to avoid suffering is mutual agreement, in which each party gives up something in order to achieve a common good. The starting point is to position the client to ask for something logical, knowing that the cause of a divorce is not compensable and that you cannot put a price on feelings. The ratio of mutual agreements in our office is around 80%.

Have divorces become more complex in the context of the crisis?

No, the crisis has created more economically compromised situations in families, which is why a few years ago it seemed that divorces were slowing down, but in the end feelings are unstoppable. Divorce is not the problem, it is the solution to a bad marriage. There has been an exponential increase in the number of settlement modifications, initiated by the paying spouse.

Does matrimonial law lead to a greater involvement in cases?

Yes, because the cases are very emotionally charged and in order to defend a client well you have to be involved to the maximum. Matrimonial law is not clincal. We deal with people. Moreover, we are particularly concerned about children and those who are still financially dependent on their parents. Any decision that affects them, from the allocation of the marital home to the calculation and payment of alimony and visiting arrangements, is a key aspect of divorce for us.