Family law

20/04/2025

Family law is the set of legal rules that regulate family relationships, both personal and financial. Its scope includes marriage and divorce, child custody and protection, adoption, alimony, and other aspects related to family life.


The Express Divorce Law in Spain

 Law 15/2005 introduced in Spain the so‑called express divorce, which significantly simplified the procedures for dissolving a marriage. This legislation eliminated the need to allege specific causes and reduced the minimum waiting period to three months from the date of marriage. The procedure can be carried out by mutual agreement, with a regulatory agreement that establishes matters such as child custody, alimony, and division of assets. In cases without minor children, it is even possible to go before a notary to formalize the divorce in just 72 hours. This law represents a major step forward in streamlining family processes, while at the same time guaranteeing the protection of the rights of both spouses and their children. 

The Voluntary Jurisdiction Law and Notarial Divorce

 Law 15/2015 on Voluntary Jurisdiction opened the door to notarial divorce in Spain. This procedure is available for marriages without minor or dependent children and allows the marital bond to be dissolved directly before a notary. The process is fast, cost‑effective, and avoids judicial intervention, although the assistance of a lawyer is required. The law aimed to relieve pressure on the courts and provide citizens with a more agile alternative. For clients, it represents an efficient option that combines legal certainty with speed in management. 

The Insolvency Law and Its Impact on Family Businesses

The Spanish Insolvency Law, reformed in 2022, regulates procedures for insolvency and corporate restructuring. Although it primarily focuses on companies, it also affects family businesses facing financial difficulties. The legislation establishes mechanisms of a "second chance" for individuals, allowing debt discharge under certain conditions. For families with businesses, understanding this law is crucial, as it can make the difference between continuity or liquidation of their assets. Lawyers Network International provides specialized advice to ensure that financial decisions are made with full awareness of their legal implications.

Law 42/1998

couple acquires a time‑share with indefinite duration in a tourist complex; thanks to Law 42/1998, the contract remains valid as it was adapted and registered, ensuring transparency and legal security.

Brussels II bis Regulation

A couple divorces in France and obtains a custody ruling; thanks to the Brussels II bis Regulation, the decision is automatically recognized in Spain, ensuring parental rights across borders.