Family law
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.
Custody and Child Neglect
The review of custody arrangements in situations of neglect requires giving priority to the best interests of the child, especially when the Administration, under Articles 172 and following of the Civil Code, assumes guardianship and orders measures such as residential care. In these circumstances, either parent —mother or father— may initiate a modification of measures under Article 775 of the Civil Procedure Act, given the substantial change in circumstances with respect to the arrangements established in the family proceedings. At the same time, it is essential to challenge the administrative declaration of neglect through the procedures set out in Articles 779 and 780 of the same Act, thereby ensuring the fundamental right to effective judicial protection recognised in Article 24 of the Constitution. Case law consistently holds that, unless there are reasons to the contrary, granting custody to one of the parents is preferable to institutionalisation, in application of the favor filii principle that guides all decisions concerning the protection of minors.
Recognition of Same-Sex Marriages
The conflict arises when a Member State of the European Union refuses to recognize a marriage celebrated in another Member State. This refusal contradicts the rights to free movement and residence, as well as the protection of private life and the prohibition of discrimination established under EU law. The Court of Justice of the European Union considers that such rejection limits the exercise of the rights set out in Articles 20 and 21 of the TFEU and in Articles 7 and 21 of the Charter of Fundamental Rights. Consequently, EU law prevails over national legislation when the latter infringes fundamental rights.
The Evolving Constitutional Framework for the Protection of Minors in Spain
The protection of minors occupies a prominent place in Article 39 of the Constitution. Although Article 39 CE does not expressly mention "children's rights", they can be inferred from international human rights instruments. On this basis, constitutional case law has established the best interests of the child, derived from Article 3.1 of the Convention on the Rights of the Child, as the guiding principle of all administrative and judicial action.
Recent Constitutional Court jurisprudence has reinforced this protection in cases of neglect, adoption, evictions, gender‑based violence and parental disputes, and has given special attention to unaccompanied foreign minors due to their vulnerability. Overall, the case law confirms a strengthened system of child protection in Spain, consolidating the child as a full rights‑holder whose protection requires active and priority intervention by the State.
Law 42/1998
A 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.