Fortnightly Legal Radar April 2026

Period covered: 17 March – 13 April 2026

1. LEGISLATION

[1] Electronic Registry of Immigration Collaborators: new regulatory framework

Relevance: 4/5 — Clear short-term impact
Order ISM/164/2026, dated March 2 (Official Gazette March 6), regulates the requirements and operating conditions of the Electronic Registry of Immigration Collaborators, pursuant to Article 197.4.c) of the Regulations implementing Organic Law 4/2000. This directly affects law firms handling immigration files linked to mixed marriages, family reunification, and residence permits related to family law.

Practical use: Relevant for cases with an international element (approximately 40% of the firm’s portfolio). New registration requirements should be verified.

[2] Specialisation of the Cádiz Court of Instance: Family, Childhood and Capacity Section

Relevance: 2/5 — Contextual interest
The Standing Committee of the General Council of the Judiciary (CGPJ), by Agreement of March 17, 2026, assigned exclusive jurisdiction over family, childhood and capacity matters to position no. 2 of the Civil Section of the Cádiz Court of Instance (Article 86.3 LOPJ). This
confirms the ongoing trend of specialising Courts of Instance in family law.

2. CASE LAW

[3] Supreme Court Judgment 234/2026: regulatory agreement, breach and unjust enrichment

Relevance: 4/5 — Clear short-term impact
The First Chamber of the Supreme Court ruled on a case where former spouses agreed in their regulatory agreement that the wife would acquire full ownership of the family home, offsetting the husband through child maintenance payments. The wife breached the
agreement. The Court analysed termination of the agreement and the subsidiary action for unjust enrichment. Relevant doctrine for regulatory agreements with cross-compensation clauses.

[4] Supreme Court (Social Chamber) 126/2026: flexibility in paid leave for family care

Relevance: 3/5 — Worth monitoring
The Supreme Court confirms that the 5-day paid leave for hospitalisation of a family member may be taken flexibly, without requiring the start to coincide with the day of admission. Indirectly relevant for assessing parental dedication in custody proceedings.

3. TAX

[5] Income Tax Campaign 2025 (filed in 2026): family-relevant developments

Relevance: 4/5 — Clear short-term impact
The 2025 tax filing campaign began on April 8, 2026 (deadline: June 30). Key family law developments include: (a) explicit recognition of the exemption for child maintenance annuities fixed in judicial decisions or regulatory agreements, including those from autonomous communities; (b) the maximum savings base tax rate rises to 30% for income exceeding EUR 300,000; (c) maternity deductions (EUR 1,200/year) and large family deductions are maintained. Review the tax treatment of maintenance payments in current agreements.

4. CIVIL PROCEDURE AND ADR

[7] First anniversary of the ADR requirement: civil and commercial litigation drops 20.4%

Relevance: 5/5 — Immediate direct impact
According to CGPJ data, in the first year since the ADR procedural prerequisite (Organic Law 1/2025) came into force, civil and commercial litigation has fallen by 20.4%. The overall decline across all four jurisdictional orders reaches 9.9%. The CGPJ concludes that the reform has not caused widespread suspensions or delays, although it notes staff shortages and IT adaptation issues. This confirms ADR as an unavoidable procedural step.

[8] ADR criteria consolidation: convergences and divergences among judicial assemblies

Relevance: 5/5 — Immediate direct impact
Provincial Courts are developing a functional evidentiary approach that validates electronic communications with adequate guarantees of dispatch, receipt, date and identity. Divergences persist on the acceptance of email and registered mail as proof. In Barcelona family proceedings, the specific criteria of the Court Clerks must always be checked before filing.

[9] Courts of Instance: first quarter 2026 assessment following full implementation

Relevance: 3/5 — Worth monitoring
The final phase of implementation of the 431 Courts of Instance was completed in early 2026. The Ministry of Justice reports a 3% increase in hearings held and 6% in hearings scheduled between January 1 and March 27, 2026. Pending enforcement admissions decreased by 27% in Catalonia. Non-structural dysfunctions are acknowledged.

5. CATALAN & EUROPEAN LAW

[10] Catalan Government Regulatory Plan 2026: 132 initiatives, no direct family law reform of the CCCat

Relevance: 3/5 — Worth monitoring
No reforms of Book II (family) or Book IV (succession) of the Catalan Civil Code are currently envisaged. Monitor the Registry of large residential property holders for potential impact on family home attribution.

6. POLICY, ECONOMY AND SOCIETY

[11] Shared custody approaches half of all divorce proceedings with children in Spain

Relevance: 3/5 — Worth monitoring
According to INE statistics, shared custody now represents close to 50% of divorce proceedings involving children. In Catalonia, Article 233-10 CCCat establishes shared parental responsibility as the reference framework. Updated statistical argument for shared custody petitions.

7. DOCTRINE AND PUBLICATIONS

[12] ADR in family court proceedings after Organic Law 1/2025 — doctrinal article

Relevance: 4/5 — Clear short-term impact
Doctrinal article published on ElDerecho.com analysing the application of ADR specifically in family proceedings. It examines the specialised Family Sections, ADR as a procedural prerequisite, and the criteria adopted by the Barcelona Court Clerks regarding valid ADR methods: binding offer, private conciliation, collaborative law, direct negotiation, mediation before registered professionals, and expert opinion.

STRATEGIC ALERTS

1. Risk of inadmissibility due to insufficient ADR: internal protocol recommended.
   With the consolidation of the first year of the ADR requirement, it is recommended to establish an internal protocol standardising the pre-litigation negotiation attempt: method used (preferably certified letter with acknowledgement or mediation before a registered professional), documentation generated, waiting period, and proof archiving.
2. 2025 Tax Campaign: review taxation of child maintenance in existing agreements.
   The legal clarification regarding the exemption of child maintenance annuities established in regulatory agreements should be communicated to clients with ongoing proceedings or existing agreements.
3. Immigration Collaborators Registry: impact on family files with international element.
   The new regulation may affect the processing of immigration files linked to mixed marriages and family reunification. Verify compliance with new requirements.

MONITORING

• CCCat capacity reform: no developments in this period.
• Constitutionality question on Art. 92.7 CC (shared custody and gender violence indications): pending before the Constitutional Court.
• Civil Code amendment of March 2, 2026: affected provision still pending verification.
• National Family Act: in parliamentary proceedings. Equalisation of rights between marriages and domestic partnerships. No publication date confirmed.

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Fortnightly Legal Radar  © Azuara&Baviera Abogados
Informe n.º 2 — 13 April 2026.
Next report: first fortnight of May 2026.
Sources consulted: BOE, DOGC, CGPJ/CENDOJ, ICAB, AEAT, ATC, PwC NewLaw Pulse, ElDerecho.com, Iustel, Iberley, INE, Ministry of Justice.