What is international child abduction? International child abduction is understood as a situation in which one of the parents (the abducting parent) unilaterally, meaning without the consent of the other parent and without judicial authorization, relocates or retains...
Legal dictionary of family and international law e internacional
Family residence
According to current criteria of the Supreme Court, it is the one inhabited by the parents and children until the dissolution of the marriage (Verdict 42/2017, of January 23, and 517/2017, of September 22). Second homes will not be considered as a family residence....
Matrimonial economic system
What is the Marital Economic System? The marital economic system is the set of rules that regulate how spouses manage and administer their assets (separate or communal), as well as how they interact with third parties outside the marriage. The marital economic system...
Parental authority
Parental authority (“patria potestad” in Spanish) is the set of rights, powers, and duties that parents have over their non-emancipated children and corresponds to the parents, regardless of whether they are married to each other or not, as its foundation lies in...
Common-law couples
What are common-law couples? Common-law couples are those who publicly and stably cohabit with each other, regardless of sex, sharing common interests in developing a family life but without getting married. What requirements are needed to be a common-law...
Marriage
What is marriage? Marriage is the union of two people through legal formalization, creating rights and obligations by virtue of marriage. What requirements are there to get married? In Spain, there are three requirements necessary to get married: Being of legal...
Custody and guardianship
In urgent situations, a parent may unilaterally decide on an expense. Later, they should formally communicate (via registered mail) the expense details and reasons to the other parent. If there's opposition to paying, the parent incurring the expense can seek legal...
Bills
When a relationship ends, leading to a separation or divorce involving children, it's common for one parent to be responsible for paying child support, intended to cover the ordinary expenses related to raising and educating the children. What are ordinary...
Filiation
Filiation refers to the parental relationship that leads to lineage and isn’t solely established by biological ties but can also result from adoption or acknowledgment of children. Specifically, filiation can be determined by: Presumption of paternity within marriage....
The examination of minors
¿Qué es la exploración del menor? Is not a test per se; it is a right they have within family law judicial processes. Minors have the right to be heard at all times. It is a diligence for the formation of judicial conviction; therefore, not being a means of evidence,...
International Family Law
Is a branch of law that deals with regulating the legal relationships and situations involving individuals of different nationalities in family contexts. Its importance lies in addressing complex situations that arise when family members are subject to different legal...
Right of visits
This is a right and obligation that falls upon the non-custodial parent or other relatives of a minor, established through a court order. This right arises from a separation, annulment, or divorce. Furthermore, this right is established in the best interest of the...
Agreement
In the field of law, the term "agreement" refers to a pact or covenant between two or more parties that establishes the terms and conditions under which they commit to carrying out certain actions or resolving a dispute amicably. In this article, we'll delve into what...
Appeal
What is an Appeal? An appeal is a legal recourse that allows one of the parties in a judicial process to challenge the judgment or ruling issued by the judge or tribunal handling the case. This recourse can be used at any stage of the process, provided certain legal...
Arbitration
How does arbitration in law work? An appeal is a legal remedy that allows one of the parties to a judicial proceeding to challenge the sentence or resolution issued by the judge or court in charge of the case. This resource can be used at any time during the process,...
Marital or prenuptial capitulation
Are agreements, are a contract established by spouses either before or after marriage, aiming to set the regime to which their assets should adhere or to adopt any other provisions due to the marriage. These agreements can be made before or after the marriage and must...
Conciliation
Understanding Conciliation: A Formal Overview Conciliation represents a voluntary process wherein conflicting parties endeavor to attain an agreement under the guidance of a neutral third party. Typically, this intermediary, often a legal professional or a certified...
Divorce settlement agreement
Known as a "convenio regulador" in Spanish, is a document mutually agreed upon and signed by both parties. Its purpose is to establish how future relations will be regulated between two individuals who have decided to terminate their marital relationship. If children...
Controversy
What does controversy mean in law? In legal terms, controversy arises when there is a conflict or disagreement between two or more parties regarding a legal or juridical matter. These disagreements can arise in different contexts, such as contracts, litigation, family...
Challenge
In the legal realm, challenging refers to an action by which the validity, legality, or effect of a decision, act, or judicial resolution before a competent authority is questioned. In this article, we delve into what challenging means in law, when this action can be...
Litigation
Litigation is a legal term referring to the dispute between two parties seeking to resolve a controversy in a court of law. The legal process is a crucial part of any justice system, allowing individuals to seek a fair and equitable resolution to their legal problems....
Marriage Annulment
Along with divorce and separation, annulment is one of the reasons for ending a marriage. Specifically, annulment implies the invalidity of the marriage when it does not meet the legal requirements. How is Marriage Annulled? The Annulment Action In Spain, a...
Mediation
Mediation is a negotiation process in which the parties involved in a conflict attempt to resolve it themselves, with the assistance of an impartial third party called a mediator, who acts without decision-making authority. What is the mediator's role? The mediator is...
Child Support
Child support is an essential legal concept in cases of separation or divorce involving minor children. It is an economic obligation that one of the spouses, usually the one without custody of the children, must fulfill to contribute to their support and cover their...
Compensatory Alimony
Alimony, or spousal support, is a relevant legal concept in cases of divorce or separation where there are economic imbalances between spouses. It is a periodic payment that one spouse may be obligated to make to the other as a form of compensation for the financial...
Privative
What does privative mean in law? In legal terms, privative refers to something that belongs to or is exclusive to a single person or entity, meaning it is not shared with others and cannot be used or claimed by third parties without authorization. In what...
Joint property system
The joint property system is a term used in family law to describe a marital economic system in which assets acquired during the marriage are considered communal and equally belong to both spouses. In this article, we will explore in detail what the joint property...
Visitation
The visitation schedule is a relevant legal concept in cases of divorce or separation, especially when minor children are involved. This term refers to the set of rules and agreements that determine when and how the non-custodial parent can spend time with the...
Verdict
What is a verdict? A verdict is the final resolution issued by a Judge or Court that concludes and closes a legal proceeding. From the moment the verdict is issued, the dispute that prompted the legal process is considered resolved. Once established as final, the case...
Separation of assets
Separation of assets is a marital economic system in the legal domain in which assets acquired before and during marriage are the exclusive property of an individual spouse and not a couple. What is property separation in law? Property separation in law is a...
Binding
In the legal context, the term "binding" refers to a decision, agreement, or resolution that is mandatory and must be complied with by the parties involved. In this article, we will explore in detail what binding means in law, when this concept is applied, and how it...