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KLEV&VERA > Family Law

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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How to dissolve a common-law partnership in Catalonia?

These days it becomes more popular for couples to cohabit without even the intention of getting married. Nevertheless, couples often want to put their relationship on a more solid, practical and lasting footing. With the "pareja de hecho", a legal status that a couple can apply for and that requires them to have a long-lasting relationship in which they have lived together for at least 12 months, Catalonia has granted couples legal protection even if they are not married. However, as with marriages, cohabiting couples can also separate if, for example, the love is over or living together becomes unbearable. There are...

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How to get married through a notary in Spain?

Spanish law has been recently updated to allow couples to get married before a Notary. By instruction of the Directorate-General for Legal Security and Public Faith, Notaries now have the same authority to conduct marriages as other authorities in Spain. This will help avoid the rigid hours and backlog of government offices and speed up the process. Before getting married in Spain, it is necessary to obtain a certificate granting permission to marry (Certificado de Capacidad Matrimonial) or certificate of civil status. Notaries can now receive the appropriate documents and submit them to the Civil Register (Registro Civil). Once permission is...

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Life after Brexit: why is so important to have a Spanish will?

Hundreds of thousands of Britons have decided to call Spain home. Many more own property in Spain. With the uncertainty surrounding the changes that come with Brexit, it is important to understand the rules that apply to you and how best to draft a will to ensure that your wishes are respected.The rules of inheritance in the EU are governed by the EU Succession Regulations, also known as Brussels IV. This applies to you whether you have Spanish nationality, property in Spain or your primary residence in Spain. Brussels IV says that the law that will apply to the estate...

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10 FAQs on child abduction cases in Spain

1. My child has been taken to live in Spain without my permission. What shall I do?   Action must be taken quickly. Het in contact with an International Lawyer in Spain as soon as possible to initiate the process of child return. An International Lawyer will advise you on all aspects of the Spanish legal system and jurisdiction in relation to your case and offer you immediate answers to your questions.   2. What documents are going to be required to support the request of return in Spain?   All the documents that demonstrate your liaison with the child: copy of child's Birth Certificate, marriage...

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Child abduction (from other countries to Spain)

If you have brought your child to Spain without the other parent’s consent and they are seeking the child’s return, which you oppose, there are a few things that should know: The first stage: you get to know the trouble. If you suspect that the other parent has filed an application for the return of the child in the country where the child lived previously, and he/she knows your whereabouts in Spain you are in trouble. In case that the petition complies with all the requirements, the Court (of the place of residence in Spain) will issue a decision admitting the claim; and...

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