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KLEV&VERA > Family Law

Surrogacy in Spain

Why is surrogacy illegal in Spain? Surrogacy is process in which a hired woman carries a baby for a couple who are unable to conceive or carry a child for themselves – due to medical, physical, or personal reasons. There are two types of surrogacies which make the law controversial. In a traditional surrogacy, the surrogate is genetically related to the baby, via artificial insemination, which makes the surrogate mother the baby´s biological mother. Conversely, in host surrogacies, the more common type, an in vitro fertilisation treatment (IVF) is used so that the host´s eggs are not part of the process...

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How to obtain a Divorce Decrees in Spain

A Divorce Decrees is, in the eyes of the court, the document that formally ends your marriage. The main reason why someone needs divorce papers is because they want to remarry. Many states and countries require a copy of the divorce papers in order to issue a new marriage license. This is to ensure that the divorce was legal and that the new marriage can be performed. It serves three main functions: • First, it contains information about you, your spouse, and any children from the marriage in order to clearly identify the parties to the divorce. • Second, it requires factual statements that...

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How much is child maintenance in Spain?

Divorce and finance can be difficult matters, especially when dependant children are involved. The most important thing to consider when divorcing with children in Spain is how child support is calculated. Calculating Child Maintenance Child maintenance is calculated as a living cost and does not include extraordinary expenses such as presents, holidays, extra school activities or medical assistance not covered by Social Security. In Spain it must be paid until children are over the age of 18 years or until they become financially independent. Anyway, things are different in every case, so it is important to seek legal advice specific to your...

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How much is alimony in Spain?

Alimony is the amount of money paid by one spouse to the economically weaker spouse as a result of separation or divorce in Spain. In Spain, courts generally award alimony only if one of the spouses is clearly economically disadvantaged by the divorce. A typical example would be when one spouse has given up his or her career to take care of the children. This is done in order to rebalance the couple's economic situation as a result of the failure of the marriage. However, if there is no economic imbalance or damage, alimony will not be necessary. The amount to...

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Prenups in Spain

Are prenups legal in Spain? What happens if you don't sign a prenup? Marriage can be described as a contract between two partners. Should this contract ever be dissolved, a prenuptial agreement, short: prenup, can make the separation and divorce process both easier and less painful. Unfortunately, a lot of couples shy away from this topic as it can be an uncomfortable and difficult conversation. Ironically these couples might happen to have even more inconvenient conversations during the process of separation and divorce. What does “prenup” mean? A prenup is defined as a written contract between two people before they commit to marriage. It...

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What is a Family Book in Spain?

The Family Book, Spanish “Libro de Familia”, is a free document issued by the Spanish Ministry of Justice and processed at the Civil Registry. It is used as a family register which records the relationship between parents and children, births, adoptions, deaths, separations, divorces and much more. In the event that the holders divorce and have children with other couples, a new book is issued to certify this new relationship. What is the Family Book good for? The use of the Libro de Familia was approved in 1915 during the reign of Alfonso XIII, with the aim of compressing an entire family’s...

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