Legal Radar May 2026

Period covered: 14 April – 18 May 2026

1. LEGISLATION

[1] Royal Decree 316/2026, of 14 April: amendment of the Immigration Regulations with direct impact on mixed marriages and family reunification

Relevance: 5/5 — Immediate direct impact
Royal Decree 316/2026 of 14 April (Official Gazette No. 92 of 15 April) amends the Regulations implementing Organic Law 4/2000, approved by RD 1155/2024. It introduces an extraordinary temporary residence authorisation on the grounds of extraordinary “arraigo” (rootedness) for foreigners present in Spain before 1 January 2026, and reforms Article 97, allowing in-country filing for family members of a Spanish citizen under Article 94.1(a)–(h) when both are present in Spain. New additional provisions (20th and 21st) are added.

Practical use: Direct impact on the 40% of the firm’s portfolio with an international element. Enables faster regularisation of non-EU spouses and partners of Spanish citizens without requiring prior departure from Spain. Review pending files and reconsider strategy for ongoing mixed marriage cases.

[2] Royal Decree 326/2026, of 22 April: State Housing Plan 2026-2030

Relevance: 3/5 — Worth monitoring
Royal Decree 326/2026, of 22 April (Official Gazette No. 99 of 23 April), regulates the financing instruments and aid to be implemented by the autonomous communities and the cities of Ceuta and Melilla, developing Articles 23 and 24 of Law 12/2023 on the right to housing. It provides the operational framework for the four-year period.

Practical use: Useful reference in advice on attribution of the family home and alternative housing post-breakdown. Particularly relevant for clients of lower means.

[3] CGPJ Agreement of 21 April 2026: progress in the specialisation of Family, Childhood and Capacity Sections

Relevance: 3/5 — Worth monitoring
Published in Official Gazette No. 107 of 2 May 2026, the Agreement sets aside the specialisation of the former Family Courts that now form the Family, Childhood and Capacity Section of the Las Palmas Court of Instance, pursuant to Transitional Provision 7 of Organic Law 1/2025. Tarragona’s Section is also operational according to the Official Gazette of 12 May 2026.

Practical use: No direct impact in Catalonia yet, but confirms the deployment pace. Monitor implementation in Barcelona, Girona and Lleida.

2. CASE LAW

[4] Supreme Court, First Chamber: rejection of the “bird-nesting” system without agreement and without economic capacity

Relevance: 5/5 — Immediate direct impact
In proceedings on parental measures with shared custody, the lower courts had imposed a “bird-nesting” system limited to three years. The Supreme Court upholds the father’s appeal and revokes the system, retaining shared custody but temporarily granting use of the home to the father until the child reaches majority. The Court reiterates the consolidated doctrine of STS 1312/2024 and STS 870/2021: bird-nesting is rejected unless exceptional circumstances and prior agreement exist, given the high level of understanding and economic capacity required. Opposition by either parent is, in principle, sufficient to discard it.

Practical use: Significant jurisprudential closure. In shared custody, raise realistic economic scenarios from the outset (alternative rental, dual residence, temporary attribution to the more vulnerable parent) instead of conflict-prone formulas.

[5] Catalan High Court of Justice (TSJC): doctrine on Article 233-20.5 CCCat and extension of the use of the family home

Relevance: 5/5 — Immediate direct impact
The TSJC addresses the interpretation of Article 233-20.5 CCCat in light of the discrepancy between Sections 12 and 18 of the Barcelona Provincial Court. It establishes that extension of the use of the family home is available only where there was no agreement between the spouses and the use was attributed judicially. Where use derives from a court-approved regulatory agreement, Article 233-20.5 cannot be invoked to extend its duration. The doctrine relies on the principle of party autonomy and on Supreme Court case law on the binding force of agreements.

Practical use: High impact on Catalan family practice. The drafting of the regulatory agreement is decisive: anyone agreeing a fixed term must assume it cannot be extended later. Include express review clauses where flexibility is required. Also applicable to Article 234-8 CCCat for stable partnerships.

[6] STS 234/2026: accrual of child maintenance in modification of measures and binding effect of the relief sought regarding spousal support

Relevance: 4/5 — Clear short-term impact
The First Chamber resolves a modification of measures case where the Provincial Court, replacing prior shared custody, granted exclusive custody to the mother with maintenance payable by the father from the filing date. The Supreme Court upholds the father’s appeal: maintenance accrues from the appellate judgment, since shared custody was in force until then and each parent bore expenses during their period. The general rule of accrual from the filing date does not apply when a prior system was in force. The Court further recalls that the terms of the debate regarding spousal support cannot be altered by modifying the relief sought in the complaint.

Practical use: Doctrine directly applicable in modification of measures pleadings. Strong argument to limit retroactivity of maintenance where shared custody preceded. In complaints, formulate the support claim precisely from the initial relief sought.

[7] Supreme Court, First Chamber: open-ended spousal support and prospective assessment

Relevance: 4/5 — Clear short-term impact
The Court reiterates its doctrine on the temporal or open-ended fixing of the compensatory pension under Article 97 CC. Limiting it in time requires a realistic and prudent assessment of the possibility of overcoming the imbalance within the period. Where age, lack of updated professional qualifications, limited work experience and objective difficulties in entering the labour market converge, the pension must be set without time limit.

Practical use: Doctrine favourable to open-ended compensatory pensions in long marriages with dedication to the home. Strengthen evidence on outdated qualifications and real labour market difficulties.

3. TAX

[8] Catalan Tax Agency: criterion on accumulation of prior gifts in inheritance and gift tax (ISD)

Relevance: 3/5 — Worth monitoring
Interpretive reminder by the ATC under Legislative Decree 1/2024 of 12 March: gifts made by the deceased within the four years preceding death accumulate to the inheritance tax base for purposes of the applicable bonification bracket. This accumulation may raise the taxable base to a bracket with a lower bonification, with significant implications for the planning of anticipated transfers.

Practical use: Essential in succession planning involving family business and real estate. Recalculate scenarios in cases with recent gifts.

[9] Catalan ISD bonifications 2026: confirmation of the restrictive regime for groups I and II

Relevance: 2/5 — Contextual interest
The regime in force in 2026, deriving from Law 5/2020 of 29 April, maintains a tiered structure: children over 21 and ascendants apply a bonification starting at 60% for the first taxable base brackets and decreasing progressively to 0% for bases exceeding EUR 3,000,000. The 99% bonification applies only to the spouse or stable partner and to group I (under 21). Groups III and IV are entitled to no autonomous bonification.

Practical use: The Catalan regime is comparatively more onerous than Madrid or Andalusia. Useful for prior advice to clients with significant assets and adult descendants.

4. CIVIL PROCEDURE AND ADR

[10] Pending constitutional challenge to Article 5.2 of Organic Law 1/2025: ADR in family proceedings with minors

Relevance: 4/5 — Clear short-term impact
The Court of Instance of Valencia de Alcántara, with favourable input from the Public Prosecutor, has raised a constitutional question on Article 5.2 of Organic Law 1/2025 regarding the ADR requirement as a procedural prerequisite in proceedings to modify parent-child measures. The judge reasons that the law forbids submitting non-disposable matters to ADR but does not exempt them from the procedural prerequisite, possibly violating the right to effective judicial protection (Article 24 SC) and the best interests of the child (Article 39 SC). Pending Constitutional Court ruling.

Practical use: Does not suspend the requirement. Maintain caution and always evidence the ADR attempt with robust documentation. Internally archive evidence in case of retroactive effects of a future ruling.

[11] Effective rollout of Courts of Instance and Family Sections: operational confirmation Relevance: 3/5 — Worth monitoring

The Official Gazette of 12 May 2026 confirms the operational status of several Family, Childhood and Capacity Sections in Courts of Instance (Tarragona among them) and of Civil and Investigation Sections in other judicial districts. In Catalonia, Tarragona’s Section already appears with nominal designation in official publications.

Practical use: Verify new nomenclature in LexNET before each filing. The new structure may affect distribution between Sections and the correct denomination of organs in complaints, briefs and notifications.

5. EUROPEAN AND INTERNATIONAL LAW

[12] Pending CJEU ruling of 21 May 2026: Spanish Supreme Court preliminary reference on compensation for wilful conduct and compulsory motor insurance

Relevance: 2/5 — Contextual interest
The Court of Justice of the European Union will rule on 21 May 2026 on a preliminary reference raised by the Second Chamber of the Spanish Supreme Court regarding whether victims of intentional aggression (including those committed by vehicle) are entitled to the same compensation as victims of conventional traffic accidents. The ruling will bind all Member States.

Practical use: Although the question concerns traffic, its reading affects cases of vehicular gender-based violence (vehicular feminicide). Relevant for heirs and family members of victims.

6. POLICY, ECONOMY AND SOCIETY

[13] Progress at the Constitutional Court on the Amnesty Law: indirect implications for legal certainty

Relevance: 2/5 — Contextual interest
The Constitutional Court has issued judgments 24/2026 and 25/2026 of 12 March (Official Gazette No. 91 of 14 April) on Organic Law 1/2024 on amnesty. Although unrelated to family law, they consolidate Plenary criteria on effective judicial protection, legal certainty and prohibition of arbitrariness. The rulings contextualise the framework for upcoming constitutional questions (including the ADR challenge).

Practical use: Relevant procedural-constitutional context to anticipate the pace of resolution of pending matters affecting family law.

7. DOCTRINE AND PUBLICATIONS

[14] Memento Civil Cataluña. Person, Family and Succession (Lefebvre, 2026 edition) Relevance: 3/5 — Worth monitoring

The 2026 edition of the Memento Civil Cataluña has been published, incorporating the latest reforms: amendment of the CCCat on supports for the exercise of legal capacity, procedural reforms (RDL 6/2023, Organic Law 1/2025), and relevant state-level developments (Organic Law 8/2021 on child violence, Law 17/2021 on the legal regime of animals, Organic Law 10/2022 on sexual freedom, Law 12/2023 on housing).

Practical use: Recommended doctrinal update, especially for cases combining legal capacity, succession and stable partnership regimes.

[15] Doctrinal article: “Extension of the use of the family home in Catalonia” (martinpares.com, April 2026)

Relevance: 3/5 — Worth monitoring
Doctrinal analysis of TSJC doctrine on the interpretation of Article 233-20.5 CCCat, referencing Judgment 35/2025 of 26 June (Section 18 Barcelona Provincial Court) and STS 649/2025 of 28 April. Systematises the distinction between judicially attributed use (extendable) and use agreed in a regulatory agreement (not extendable under Article 233-20.5 CCCat).

Practical use: Direct reading for item [5] of this Radar. Useful as argumentative reference in opposition to extension briefs.

STRATEGIC ALERTS

Alert 1 — Drafting of the regulatory agreement: family-home use clauses in Catalonia.
TSJC doctrine consolidates that an agreement on use closes the door under Article 233-20.5 CCCat. Recommendation: include express clauses on review, conditional extension, or reference to substantial change of circumstances in regulatory agreements where the client wishes to preserve flexibility. Negligent drafting may result in loss of use even where the underlying circumstances persist. Also applicable to Article 234-8 CCCat for stable partnerships.

Alert 2 — Bird-nesting in shared custody: consolidated jurisprudential closure.
The Supreme Court doctrine against bird-nesting without agreement is now settled. In every shared custody complaint involving a contested family home, raise realistic economic scenarios from the initial brief: dual residence, alternative rental, temporary attribution to the more vulnerable parent, or division of common property. Bird-nesting proposals from the opposing party without prior agreement can and should be challenged with direct citation of STS 1312/2024.

Alert 3 — Immigration reform: impact on international family practice.
RD 316/2026 facilitates in-country regularisation of non-EU spouses and partners of Spanish citizens. Review pending mixed marriage files: possible acceleration of processing without requiring departure from Spain. The new extraordinary “arraigo” for foreigners present before 1 January 2026 opens additional pathways for clients in irregular situations with family ties in Spain.

MONITORING

• Constitutional question on Article 5.2 of Organic Law 1/2025 (ADR in family proceedings with minors): pending Constitutional Court ruling.
• CCCat reform on legal capacity: no substantial developments in the period. Pending full normative consolidation.
• Rollout of Courts of Instance and Family, Childhood and Capacity Sections in Catalonia: Tarragona operational; Barcelona, Girona and Lleida pending nominal consolidation.
• Constitutional question on Article 92.7 CC (shared custody and gender violence indications): Supreme Court order of 11 January 2023. No Constitutional Court ruling during the period.
• National Family Act: in parliamentary proceedings. Equalisation of rights between marriages and domestic partnerships. No publication date confirmed.
• Pending CJEU ruling of 21 May 2026 on compensation for wilful conduct and compulsory motor insurance (Spanish Supreme Court preliminary reference).

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Issue date: 18 May 2026
Documentalist Azuara&Baviera Abogados
Coordinating Author: Eduard Baviera Bea (Copyright)

Sources consulted: BOE, DOGC, CGPJ/CENDOJ, ICAM, ATC, AEAT, Constitutional Court, CURIA, InfoEuropa, Iustel, Iberley, Uría Menéndez, Lefebvre, Sepín blog, ICAB.

Next report: first fortnight of June 2026.