Success Stories
At Zabalgo Family Lawyers, we do not rely on promises — we rely on results. We have successfully achieved shared custody arrangements in complex cases, resolved international inheritance matters efficiently and without unnecessary conflict, and guided our clients through divorces with both strategic precision and personal sensitivity.
Our expertise in Family Law, International Family Law, and Inheritance Law is built on the values that truly make a difference: honesty in always giving clear and realistic advice, humanity in supporting clients through difficult moments, and an unwavering commitment to every case we handle.
Every successful outcome reflects who we are: a team that transforms legal challenges into real solutions with professional excellence, integrity, and a genuinely personal approach.
(Names and certain details have been changed to preserve the confidentiality owed to our clients.)
Discover how the right legal approach can truly change a person’s life
Learn from real cases, from divorces in Spain to complex international inheritance matters
Be inspired by creative legal solutions that prove there is always a way forward
Liquidation of the Community Property Regime
Judgment issued by the 76th Court of First Instance of Madrid in proceedings for the liquidation of the community property regime, ordering the preparation of the inventory and recognising the separate nature of the donations made to the client represented by Zabalgo Family Lawyers.
January 2021
The Madrid Court upheld the arguments presented by Zabalgo Family Lawyers, confirming that the funds contributed to the community property regime through donations received by the client retained their character as separate property and must therefore be reimbursed to the client.
Judgment rendered by the Court of First Instance granting the action for the division of jointly owned property and dismissing the claim for reimbursement relating to a lottery prize contributed during the marriage.
May 2017
The Court of First Instance upheld the action brought by Zabalgo Family Lawyers, ordering the division of the jointly owned real estate property belonging to the parties, who were already divorced, and dismissing the opposing claim.
The opposing party sought reimbursement of amounts used to purchase the property, arguing that the funds originated from a lottery prize which, according to their position, constituted separate property under the separation of property regime.
However, the Court rejected this argument, concluding that the evidence presented during the proceedings demonstrated a clear intention by both parties to incorporate the lottery winnings into their shared assets, despite being married under a separation of property regime.
Enforcement order issued by Court of First Instance No. 6 of Bilbao in the amount of €2,500,000, bringing to an end more than ten years of litigation concerning the liquidation of the community property regime.
2012
The enforcement order issued by Court No. 6 of Bilbao upheld the enforcement action filed, bringing the dispute between the parties to a close after more than ten years of proceedings relating to the liquidation of the community property regime.
Legal representation in this case was carried out jointly with Cristina Almeida.
Child Abduction
Judgment issued by the Court of First Instance of Madrid declaring the relocation of the minor child to Spain lawful in international child relocation proceedings.
June 2021
The Court of First Instance dismissed the petition seeking the return of the minor child, upholding the arguments presented by Zabalgo Family Lawyers and confirming that the relocation to Spain had taken place lawfully and with the consent of both parents.
Suspension of the Father’s Visitation Rights.
2014
The judgment rendered by Court of First Instance No. 66 of Madrid ordered the suspension of the visitation arrangements previously established in favour of the father.
This decision was later confirmed by the Provincial Court of Madrid on 13 February 2014, primarily in the best interests of the child, and expressly ordered the father to pay the legal costs arising from his opposition to the claim.
Compensatory Maintenance
Judgment issued by Court of First Instance No. 22 of Madrid rejecting the application for modification of measures and maintaining the compensatory maintenance awarded in favour of the client represented by Zabalgo Family Lawyers.
October 2021
Court of First Instance No. 22 of Madrid dismissed the application for modification of measures filed against the client represented by Zabalgo Family Lawyers, upholding the arguments presented by the firm and confirming that the compensatory maintenance previously awarded should neither be reduced nor extinguished, but maintained in full.
The Provincial Court of Madrid upheld the appeal filed by Zabalgo Family Lawyers, ordering a reduction of the compensatory maintenance and its termination upon the liquidation of the community property regime.
April 2021
The Provincial Court of Madrid upheld the appeal filed by Zabalgo Family Lawyers against the judgment dismissing the requested modification of measures. The Court accepted the appeal and ordered a substantial reduction of the compensatory maintenance previously established, as well as its termination upon the liquidation of the community property regime.
Judgment issued by the Court of First Instance of Torrejón de Ardoz granting compensatory maintenance in favour of the client represented by Zabalgo Family Lawyers.
December 2019
The Court of First Instance of Torrejón de Ardoz issued a judgment granting the measures requested by Zabalgo Family Lawyers, having established that the marriage had caused a significant economic imbalance to the firm’s client.
The Court also granted the use of the family home for a specific period of time, considering that it represented the interest most deserving of protection under the circumstances of the case.
Judgment issued by the Provincial Court of Madrid granting indefinite compensatory maintenance in favour of the client represented by Zabalgo Family Lawyers.
November 2018
The Provincial Court of Madrid upheld the appeal filed by Zabalgo Family Lawyers, recognising the client’s right to receive compensatory maintenance and ordering that the award be granted on an indefinite basis.
Judgment issued by the Court of First Instance of Alcobendas ordering the termination of the compensatory maintenance.
July 2018
The Court of First Instance of Alcobendas upheld the claim brought by the client represented by Zabalgo Family Lawyers, ordering the termination of the compensatory maintenance previously established due to a substantial change in the circumstances that had originally justified the award.
The Court accepted the arguments presented by the firm in defence of its client and declared the termination of the compensatory maintenance on the grounds that the legal basis for maintaining it no longer existed.
Judgment issued by Court of First Instance No. 22 of Madrid rejecting the application for modification of measures and maintaining the compensatory maintenance awarded in favour of the client represented by Zabalgo Family Lawyers.
October 2021
Court of First Instance No. 22 of Madrid dismissed the application for modification of measures filed against the client represented by Zabalgo Family Lawyers, upholding the arguments presented by the firm and confirming that the compensatory maintenance previously awarded should neither be reduced nor terminated, but maintained in full.
The claim for compensatory maintenance filed against the client represented by Zabalgo Family Lawyers was dismissed.
October 2015
Court of First Instance No. 2 of Majadahonda dismissed the claim brought against the client represented by Zabalgo Family Lawyers, rejecting the request for compensatory maintenance after considering the short duration of the marriage, the absence of children of the marriage, and the lack of circumstances justifying such an award.
This decision was later confirmed by the Provincial Court of Madrid in a judgment issued in October 2016, with an express order for costs against the appellant.
The claim filed by the client represented by Zabalgo Family Lawyers was upheld, ordering the termination of the compensatory maintenance in divorce proceedings.
2014
Court of First Instance No. 28 of Madrid issued a divorce judgment dated 26 May 2014, ordering the termination of the compensatory maintenance previously awarded in the separation proceedings, in accordance with the circumstances established during the proceedings and the legal arguments presented by Zabalgo Family Lawyers.
Use of the Family Home
Judgment issued by Court of First Instance No. 23 of Madrid granting the right to use the family home in favour of the wife.
June 2021
Court of First Instance No. 23 of Madrid granted the use of the family home to the wife, as the property constituted her separate property, dismissing the husband’s claim seeking attribution of its use in his favour.
The Court upheld the arguments presented by Zabalgo Family Lawyers, concluding that the husband did not demonstrate a more compelling interest deserving protection, particularly in light of his financial circumstances and level of income.
Judgment issued by the Court of First Instance of Navalcarnero dismissing the request for termination of the right to use the family home due to the absence of grounds justifying such modification.
September 2020
The Court upheld the arguments presented by Zabalgo Family Lawyers, rejecting the request to terminate the right to use the family home previously granted to the firm’s client, on the basis that no legal grounds existed to justify such modification under the agreements reached between the spouses.
Judgment issued by Section 24 of the Provincial Court of Madrid dismissing the appeal against the termination of an indefinite compensatory maintenance award.
January 2020
The Provincial Court of Madrid dismissed the appeal filed against the judgment issued by the Court of First Instance of Alcobendas, which had ordered the termination of the compensatory maintenance payable by the firm’s client.
The Court upheld the arguments presented by Zabalgo Family Lawyers, confirming that a substantial change in the economic circumstances had been sufficiently proven to justify the termination of the indefinite compensatory maintenance award.
Judgment issued by the Madrid Court terminating the right to use the family home upon the children reaching the age of majority, as requested by Zabalgo Family Lawyers.
November 2019
Zabalgo Family Lawyers filed proceedings requesting the termination of the right to use the family home previously granted to the opposing party on the grounds that the parties’ children had reached the age of majority.
The opposing party sought an increase in child support together with an indefinite right to continue using the family home. However, the Court ruled entirely in favour of our client’s claims, maintaining the existing child support arrangements and ordering the termination of the right to use the family home.
Judgment issued by the Madrid Court terminating the right to use the family home upon the children reaching the age of majority, as requested by Zabalgo Family Lawyers.
October 2018
Zabalgo Family Lawyers filed proceedings requesting the termination of the right to use the family home previously granted to the opposing party on the grounds that the parties’ children had reached the age of majority.
The opposing party sought an increase in child support together with an indefinite right to continue using the family home. However, the Court ruled entirely in favour of our client’s claims, maintaining the existing child support arrangements and ordering the termination of the right to use the family home.
Supreme Court Judgment limiting the right to use and occupy the family home.
March 2017
The Supreme Court upheld the appeal filed by Zabalgo Family Lawyers, overturning the judgment issued by the Provincial Court of Madrid, which had granted the mother and the children the right to use the family home until the children became financially independent, despite the existence of a shared custody arrangement.
The Supreme Court reversed that decision and ordered that the right to use the family home be limited until either the liquidation of the community property regime or the sale of the property, on the grounds that shared custody did not justify the indefinite attribution of the family home to one party.
The Court further established that, once the children reach the age of majority, the right to use the family home also comes to an end.
Shared custody with a time limitation on the right to use the family home, as the property constituted the father’s separate property.
Court of First Instance No. 80 of Madrid issued a judgment establishing shared custody and granting the child and the mother the right to use the family home, while limiting that right to a maximum period of two years, given that the property constituted the father’s separate property.
The Court upheld the request submitted by Zabalgo Family Lawyers.
Attribution of the right to use the family home on an alternating yearly basis following the establishment of shared custody.
December 2015
Court of First Instance No. 24 of Madrid granted shared custody of the minor children, upholding the request made by the client represented by Zabalgo Family Lawyers, and establishing alternating yearly use of the family home until its sale.
The Court thereby set aside the previous decision that had granted the mother exclusive use of the family home based on custody of the minor children.
The right to use the family home was limited until the children reached the age of majority: appeal upheld.
December 2015
Section 22 of the Provincial Court of Madrid upheld the appeal filed by Zabalgo Family Lawyers, establishing that the right to use and occupy the family home would remain in force only until the children reached the age of majority.
In doing so, the Court overturned the judgment issued by the Court of First Instance, which had previously granted the right to use the family home until the children achieved financial independence.
The appeal filed by Zabalgo Family Lawyers was upheld, ordering that the mortgage on the family home be paid in accordance with the terms of the mortgage deed, overturning the ruling issued by the Family Court.
April 2014
The Provincial Court of Madrid issued a judgment dated 11 April 2014 upholding the appeal filed by the client represented by Zabalgo Family Lawyers, agreeing that the mortgage secured against the family home should be paid in accordance with the terms established in the mortgage deed.
The Court therefore overturned the previous ruling of the Family Court, which had imposed payment of the mortgage entirely upon the husband as a marital obligation.
The claim filed by the client represented by Zabalgo Family Lawyers was upheld, ordering the division of the family property in equal shares and the termination of the right to use the property previously granted to the parties’ child.
2013
Court of First Instance No. 54 of Madrid issued a judgment dated 15 January 2013 upholding the claim filed on behalf of the father and declaring the termination of the right to use the family home that had previously been granted to the parties’ child upon reaching the age of majority.
Child Support
Judgment issued by the Court of First Instance of Madrid approving the Regulatory Agreement reached to resolve several highly contentious family proceedings.
June 2018
At Zabalgo Family Lawyers, we always aim to avoid unnecessarily adversarial proceedings by helping parties reach agreements that protect the wellbeing of the children and allow parents to comply realistically with the terms agreed.
In this case, our client was involved in more than five ongoing family proceedings marked by a high level of conflict between the parents. With the assistance of their respective legal representatives, the parties ultimately reached a comprehensive settlement agreement that brought all proceedings to an end and provided a beneficial solution for both the parents and the children.
Judgment ordering the reduction of child support.
March 2017
Section 24 of the Provincial Court of Madrid upheld the appeal filed by Zabalgo Family Lawyers, ordering a reduction in child support within modification of measures proceedings due to the father’s decrease in income.
The Court found that a substantial change in the financial circumstances existing at the time of the divorce had been duly proven, thereby justifying the modification requested.
The claim seeking recognition of extraordinary expenses for adult children was upheld.
May 2015
On 2 June 2014, the Court upheld the claim brought on behalf of the mother by Zabalgo Family Lawyers, recognising certain medical and extracurricular educational expenses as extraordinary expenses.
The Court considered that the extracurricular academy expenses were necessary in light of the child’s academic performance. This judgment was later confirmed by the Provincial Court of Madrid in May 2015.
The request to resolve the dispute concerning the minor child’s change of school, filed by the client represented by Zabalgo Family Lawyers, was upheld.
May 2014
Court of First Instance No. 93 of Madrid upheld the application filed on behalf of the client represented by Zabalgo Family Lawyers on 28 May 2014, authorising the change of school for the 12-year-old minor child.
The Court considered the change to be appropriate in light of the child’s circumstances, as it provided better educational opportunities and greater proximity to the family home.
Sole Custody
Judgment issued by the Court of First Instance of Móstoles granting sole custody of the minor children to the mother together with the related parental measures.
May 2021.
The Court of First Instance of Móstoles granted sole custody of the parties’ three minor children to the mother, having established that she had been the children’s primary caregiver throughout their upbringing.
The Court further found that the father had not been significantly involved in the day-to-day care of the children and did not have the necessary work flexibility to assume their daily care needs.
Judgment issued by the Court of First Instance of Madrid dismissing the claim filed against the client represented by Zabalgo Family Lawyers, rejecting the requested modification of measures and the establishment of shared custody.
March 2021.
The Court of First Instance dismissed the claim seeking modification of measures filed against the client represented by Zabalgo Family Lawyers, concluding that the existing sole custody arrangement remained the most appropriate solution in accordance with the best interests of the child.
Judgment issued by the Court of First Instance of Madrid granting sole custody of the minor children to the mother, client represented by Zabalgo Family Lawyers.
January 2021.
The Court of First Instance upheld the claim brought by Zabalgo Family Lawyers, granting sole custody of the minor children to the mother, considering that such arrangement was in the best interests of the children.
Judgment issued by the Court of First Instance of Madrid dismissing the application for modification of measures seeking shared custody and maintaining sole custody in favour of the mother, client represented by Zabalgo Family Lawyers.
October 2020.
The Court of First Instance dismissed the claim filed against the client represented by Zabalgo Family Lawyers, maintaining the existing sole custody arrangement in favour of the mother, considering it to be in the best interests of the child.
Judgment issued by the Court of First Instance of Madrid establishing sole custody in favour of the mother, as requested by Zabalgo Family Lawyers.
October 2019.
The Court issued a judgment granting sole custody of the minor children to the mother, client represented by Zabalgo Family Lawyers, upholding the arguments presented by the firm and recognising that the mother had been the children’s primary caregiver since birth.
During the proceedings, it was established that the father did not have the availability or family support necessary to assume the daily care of the children. The Court also found that the alleged financial hardship claimed by the father was not consistent with the evidence presented.
Judgment issued by the Court of First Instance of Navalcarnero ordering that visitation arrangements take place in a supervised setting, as requested by Zabalgo Family Lawyers.
May 2019.
The Court issued a judgment maintaining sole custody in favour of the mother and ordering that the visitation arrangements established in favour of the father take place in a supervised setting, upholding the requests submitted by Zabalgo Family Lawyers.
The father had sought a modification of measures requesting shared custody. However, during the proceedings, Zabalgo Family Lawyers demonstrated that the relationship between the father and the child had seriously deteriorated. As a result, the Court ruled that visitation should continue under supervision until the relationship could be appropriately restored.
Judgment issued by the Court of First Instance of Alcobendas granting sole custody to the father, as requested by Zabalgo Family Lawyers.
February 2019.
The Court issued a judgment establishing sole custody in favour of the father, upholding the requests submitted by Zabalgo Family Lawyers.
The mother had requested sole custody in her favour. However, during the proceedings, Zabalgo Family Lawyers demonstrated the serious deterioration in the relationship between the mother and the daughter. As a result, the Court granted sole custody to the father together with an extensive visitation schedule for the mother, with the aim of restoring the relationship in the child’s best interests.
Judgment issued by the Court of First Instance of Móstoles establishing sole custody in favour of the mother, as requested by Zabalgo Family Lawyers.
December 2018.
The Court issued a judgment granting sole custody of the minor children to the mother, client represented by Zabalgo Family Lawyers, accepting the arguments presented by the firm and recognising that the mother had been the children’s primary caregiver since birth.
During the proceedings, it was established that the father did not have the availability or family support necessary to assume the daily care of the children. The Court also found that the alleged financial hardship claimed by the father was not consistent with the evidence presented.
Judgment issued by the Provincial Court of Madrid approving the agreement reached between the parties prior to trial.
May 2018.
The Court of First Instance upheld the claim brought by Zabalgo Family Lawyers, granting sole custody of the minor children to the mother in accordance with the children’s best interests.
Subsequently, the Provincial Court of Madrid ordered the holding of a hearing together with the preparation of a report by the psychosocial team. However, before the hearing took place, the parties reached an agreement whereby custody of the children was granted to the mother, client represented by Zabalgo Family Lawyers, as this was considered the arrangement most beneficial for the children.
Judgment issued by Section 24 of the Provincial Court of Madrid confirming sole custody in favour of the mother, despite the challenge to the psychosocial team report raised by Zabalgo Family Lawyers.
December 2017.
Section 24 of the Provincial Court of Madrid issued a judgment granting sole custody of the minor children to the mother, client represented by Zabalgo Family Lawyers, despite the recommendation of the psychosocial team in favour of shared custody.
The Court concluded that shared custody was not appropriate for the children under the circumstances of the case, upholding the arguments presented by Zabalgo Family Lawyers in challenging the conclusions of the psychosocial report.
Sole custody of the youngest daughter granted to the mother.
July 2016.
Court of First Instance No. 7 of Móstoles upheld the request submitted by Zabalgo Family Lawyers and granted sole custody of the youngest daughter to the mother, considering that this had been the arrangement followed since the parties’ separation.
The Court further recognised that the mother had a stronger bond with the child and had assumed responsibility for all matters relating to her care and upbringing.
Progressive shared custody arrangement.
June 2016.
Court of First Instance No. 24 of Madrid approved the agreement reached between the parties, following the provisional measures order that had initially granted sole custody to the mother, establishing a progressive shared custody arrangement for the parties’ child, in accordance with the recommendations of the psychosocial team.
The legal representatives of both parties carried out extensive mediation work in order to reach an agreement that proved satisfactory for both clients.
ESole custody granted in favour of the mother.
February 2016.
The Court issued a judgment granting sole custody of the minor children to the mother, client represented by Zabalgo Family Lawyers, having established that the mother had been the children’s primary caregiver since birth and that the father did not have the necessary availability to care for them.
Challenge to the psychosocial team report: sole custody awarded to the mother despite the recommendation in favour of shared custody.
December 2015.
The Court of Leganés, Madrid, issued a judgment granting sole custody of the minor children to the mother, client represented by Zabalgo Family Lawyers, despite the recommendation of the psychosocial team in favour of shared custody.
The judgment concluded that shared custody was not appropriate for the children under the circumstances of the case, upholding the arguments presented by Zabalgo Family Lawyers in challenging the conclusions of the psychosocial report.
The claim filed by the client represented by Zabalgo Family Lawyers was upheld, modifying the shared custody arrangement to sole custody in favour of the father.
2013.
Court of First Instance No. 22 of Madrid upheld the claim brought on behalf of the client represented by Zabalgo Family Lawyers and modified the existing custody arrangement in accordance with the principle of the best interests of the child, granting sole custody to the father.
The Court also granted the father the right to use and occupy the family home and ordered the mother to pay child support.
This judgment was later confirmed by the Provincial Court of Madrid in 2014.
Shared Custody
Judgment issued by Court of First Instance No. 6 of Alcobendas granting shared custody of the minor children and establishing the proportional allocation of expenses between the parents according to their respective incomes.
July 2021.
Court of First Instance No. 6 of Alcobendas issued a judgment granting shared custody of the minor children, dismissing the mother’s request for sole custody and upholding the request for shared custody filed on behalf of the father, client represented by Zabalgo Family Lawyers.
The Court also established a proportional distribution of the children’s expenses, ordering the mother to contribute 70% and the father 30%, taking into account the higher income earned by the mother.
Court of First Instance No. 3 of Arganda del Rey established shared custody of the minor daughter, upholding the request filed on behalf of the client represented by Zabalgo Family Lawyers.
July 2021.
The judgment issued by Court of First Instance No. 3 of Arganda del Rey established shared custody, considering it to be the arrangement most beneficial for the minor child.
The Court recognised that the shared custody arrangement previously established under the provisional measures order had been properly exercised by both parents and that the child had adapted positively to the arrangement.
Judgment issued by the Court of First Instance of Madrid establishing shared custody of the minor daughter, following the custody arrangement previously granted to the mother under provisional measures.
November 2020.
The Court of First Instance of Madrid upheld the request submitted by Zabalgo Family Lawyers, granting shared custody of the parties’ daughter on the grounds that it constituted the arrangement most beneficial for the child.
Order issued in provisional measures proceedings by the Court of First Instance of Arganda del Rey establishing shared custody in favour of both parents.
October 2020.
The Court of First Instance of Arganda del Rey established shared custody for both parents within the provisional measures proceedings, upholding the arguments presented on behalf of the father by Zabalgo Family Lawyers.
During the proceedings, it was demonstrated that both parents had actively exercised the day-to-day care and upbringing of the minor children.
Judgment issued by Section 22 of the Provincial Court of Madrid upholding the appeal filed by Zabalgo Family Lawyers, overturning the first instance judgment and establishing shared custody.
July 2020.
The Provincial Court of Madrid overturned the judgment issued by the Court of First Instance in Madrid, which had granted sole custody in favour of the mother.
The Court upheld the arguments presented on behalf of the client represented by Zabalgo Family Lawyers, establishing shared custody as the arrangement most appropriate under the circumstances of the case.
Judgment issued by the Court of First Instance of Madrid granting shared custody, as requested by Zabalgo Family Lawyers.
June 2019.
The Court of First Instance approved, within its judgment, the agreement reached between the parties during the hearing on the day of trial, thereby bringing the dispute between the parents to an early resolution.
The parties agreed to a shared custody arrangement based on alternating weekly periods of care, promoting and preserving the child’s relationship with both parents.
Judgment issued by the Court of First Instance of Villalba granting shared custody, as requested by Zabalgo Family Lawyers.
April 2019.
The Court issued a judgment establishing shared custody, upholding the requests submitted by Zabalgo Family Lawyers.
The mother had sought sole custody together with an extensive visitation arrangement for the father. However, during the proceedings, the firm demonstrated that both parents had sufficient work availability to meet the children’s day-to-day needs, as they had been doing prior to the proceedings.
Accordingly, the Court established a shared custody arrangement, considering it to be in the best interests of the minor children.
Judgment issued by the Court of First Instance of Madrid granting shared custody, as requested by Zabalgo Family Lawyers.
March 2019.
The Court issued a judgment modifying the existing custody arrangement, upholding the requests submitted by Zabalgo Family Lawyers and establishing shared custody.
The mother had sought to maintain sole custody in her favour. However, during the proceedings, Zabalgo Family Lawyers demonstrated the existence of what the Court considered a “de facto” shared custody arrangement, as both parents had in practice been jointly responsible for the child’s day-to-day care.
Accordingly, the Court established a shared custody arrangement, considering it to be in the best interests of the child.
Judgment issued by the Court of First Instance of Leganés maintaining the shared custody arrangement requested by Zabalgo Family Lawyers.
January 2019.
The Court issued a judgment dismissing the application for modification of measures filed by the mother, upholding the requests submitted by Zabalgo Family Lawyers in accordance with the best interests of the child.
The mother sought to modify the existing shared custody arrangement to a schedule under which the child would alternate every two days between parents. The Court accepted the arguments presented by Zabalgo Family Lawyers, concluding that such modification would not be beneficial for the child and could negatively affect the child’s stability.
Judgment issued by the Court of First Instance of Alcorcón granting shared custody of the minor children, as requested by Zabalgo Family Lawyers.
September 2018.
The Court of First Instance of Alcorcón granted shared custody after it was established that both parents had been actively involved in meeting the children’s ordinary day-to-day needs and care.
During the proceedings, it was also shown that the mother had unjustifiably hindered the relationship between the father and the children, negatively influencing the minors throughout the process. Despite this, the Court concluded that a shared custody arrangement remained the solution most consistent with the best interests of the children.
Order issued by Court of First Instance No. 3 of Pozuelo de Alarcón approving the agreement reached between the parties within provisional measures proceedings.
March 2018.
The Court of First Instance approved the agreement reached between the parents during the hearing for provisional measures held on the same day.
Due to the special needs of the minor children, the client represented by Zabalgo Family Lawyers proposed a shared custody arrangement together with alternating use of the family home by each parent on a weekly basis, in line with the custody schedule.
The Court accepted the proposal submitted by Zabalgo Family Lawyers, considering it to be the arrangement most beneficial for the children and one that would facilitate a future agreement between the parties adapted to the financial circumstances of each parent.
Judgment issued by Court of First Instance No. 27 of Madrid approving the Regulatory Agreement reached by the parties with the assistance of their respective legal representatives.
February 2018.
Court of First Instance No. 27 of Madrid approved the Regulatory Agreement drafted by Zabalgo Family Lawyers, establishing shared custody of the minor children together with the remaining measures concerning them.
With regard to the family home, the parties agreed that one party would retain the property while the other would receive financial compensation. Both the measures relating to the children and the termination of joint ownership together with the allocation of the family home were incorporated into the Regulatory Agreement, which was subsequently ratified before the Court.
Judgment issued by Court of First Instance No. 23 of Madrid approving the agreement reached between the parties in highly contentious proceedings.
January 2018.
Court of First Instance No. 23 of Madrid approved the agreement reached between the parties during the hearing scheduled for the provisional measures proceedings, thereby bringing an early end to a highly contentious dispute between the parents.
During the proceedings, the mother had made unfounded allegations in an attempt to prevent the establishment of shared custody, despite the father’s full involvement in the care and upbringing of the children.
The agreement also established a limitation on the right to use the family home, given that the property constituted the separate property of our client, and no compensatory maintenance was awarded.
Judgment issued by the Court of First Instance establishing shared custody between the parties and limiting the use of the family home to alternating yearly periods until the effective sale of the property or liquidation of the community property regime.
November 2017.
The Court of First Instance upheld the claim brought by Zabalgo Family Lawyers, establishing shared custody together with a limitation on the use of the family home through alternating yearly periods until the effective sale of the property or the liquidation of the community property regime.
The Court reached this decision after it was demonstrated that the father, client represented by Zabalgo Family Lawyers, possessed the suitability and necessary conditions to exercise shared custody appropriately.
Shared custody established in provisional measures proceedings.
February 2017.
Court of First Instance No. 28 of Madrid established shared custody within the provisional measures proceedings, based on the evidence presented during the case demonstrating the father’s suitability and active involvement in the care and upbringing of his children.
The father was represented by Zabalgo Family Lawyers.
Shared custody established by agreement between the parties for a six-month-old child.
October 2016.
Court of First Instance No. 85 of Madrid approved the Regulatory Agreement signed by the parties, establishing shared custody of a six-month-old child, considering it to be in the child’s best interests.
The agreement, which avoided contentious court proceedings, was reached for the benefit of the child and allowed the father, client represented by Zabalgo Family Lawyers, to avoid unnecessary litigation.
Shared custody following judicial interview of the minor children.
September 2016.
Court of First Instance No. 79 of Madrid upheld the claim filed on behalf of the client represented by Zabalgo Family Lawyers, establishing shared custody of the minor children.
The decision followed a judicial interview with the children, who were twelve years old at the time, during which they expressly stated their wish to continue under the care of both parents.
The Court also dismissed the compensatory maintenance claim filed by the wife, concluding that the legal requirements established under the Civil Code and relevant case law for such an award had not been met.
School change: resolution of a dispute concerning the exercise of parental authority.
August 2016.
Court of First Instance No. 79 of Madrid upheld the mother’s application, represented by Silvia Gómez, authorising the change of the child’s school on the grounds that it was the option most beneficial for the child.
Shared custody established in provisional measures proceedings.
March 2016.
The Court of First Instance of Torrejón issued an order establishing shared custody of the minor children, upholding the request submitted on behalf of the client represented by Zabalgo Family Lawyers.
The Court considered that both parents had actively exercised the children’s day-to-day care since birth and therefore rejected the mother’s request for sole custody, without prejudice to the subsequent preparation of a psychosocial team report within the divorce proceedings.
Accordingly, the Court established a shared custody arrangement within the provisional measures proceedings, preventing delays in the preparation of the expert report from reducing the father to a merely visiting role and allowing him to continue actively caring for the children until the final divorce judgment was issued.
Shared custody and attribution of the right to use the family home until the liquidation of the community property regime.
March 2015.
The defence submitted by Zabalgo Family Lawyers was upheld, establishing shared custody between both parents together with the attribution of the right to use and occupy the family home until the liquidation of the community property regime.
The claim was based on the then recent case law doctrine established by the Supreme Court and the Provincial Court of Madrid, which recognised shared custody as the arrangement generally most beneficial for minor children.
Shared custody granted, considering it to be the arrangement most beneficial for the minor children.
February 2015.
Court of First Instance No. 28 of Madrid upheld the application filed on behalf of the client represented by Zabalgo Family Lawyers, granting shared custody of the minor children to both parents on the grounds that it constituted the arrangement most beneficial for the children.
The decision was supported by the report issued by the psychosocial team attached to the Court, a measure also requested by the Public Prosecutor.
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