The exclusive treatment that has in our office the processing of the file of separation, divorce, marriage nullity or cessation of stable unions of couple, with the consequences that are derived from them, supposes a careful and personalized study of the family situation and the derivative crisis, in order to raise, previously, an optimal negotiation that can be successful if it is materialized with the corresponding Regulatory Agreement, where all the necessary aspects for a good resolution of the end of the relationship of the couple.
Unfortunately, when the agreement is impossible, the continuity of the litigation process becomes essential to find the best solution for our client. This is processed and directed with the professional rigor, diligence and involvement that characterizes this office.
The support of our clients that are often very sensitive to these types of procedures is done from a legal and human perspective, which allows to alleviate the nervousness they suffer and to contribute to a better and faster recovery. The legal aspect that covers the advice and the direction of the defense of the interests of our clients goes through a careful analysis of the law applicable to divorce, separation, parental-filial relationships and/or dissolution and settlement of the matrimonial economic regime; as well as the jurisdiction of the courts, especially when the international element becomes a circumstance of the file.
Breaks and new family relationships involve changes that must be studied and analyzed in the event of conflicts.
Every personal change necessarily involves legal changes. For this reason, the study and the planning patrimonial, economic and fiscal becomes indispensable, materializing in multitude of legal resources that are made available to our clients in anticipation and avoidance of the future conflict.
The pre and post matrimonial capitulations allow to clarify and determine the economic consequences of the breakup that will have a clear impact on its resolution, avoiding, in a large number of situations, litigation procedures focused on economic issues.
It is necessary to know the marital economic regime that is applicable to the marriage to be celebrated or celebrated - depending on the civilian neighborhoods of the contractors and/or nationalities, place of celebration and first residence, especially - and the consequences that are derived depending on whether it is a system of separation of assets, profit, participation, etc.
For this reason, given the economic significance that one or the other system may suppose, even in its extinction, a legal advice is required from spouses so that, even during the marriage they'll be aware of the legal consequences of their acts, choosing freely to maintain or change the economic regime of marriage.
The right-duty of parents towards children must be regulated with guarantees. The solution will depend on the particularities of each case, the age of the children, the possibilities of each parent, between different variables.
By way of the common agreement or contentious, in a similar way to the divorce or separation procedure, the work is being carried out in the elaboration of the Regulatory Agreement, if applicable, or in the accompaniment to the client in the elaboration of the obligatory Parenthood Plan, which in many cases becomes the guarantor of an optimal parental co-responsibility, adapted to the needs of the specific case and, especially, of the children.
It is becoming increasingly frequent that in the exercise of parental responsibility there are controversies that require an urgent judicial resolution.
Parents do not always reach decisions that are consensual in aspects that give content to the authority. Unfortunately, there are usual controversies in the change of training center, the change of habitual residence, medical treatments and/or surgical operations... all these and other issues require the agreement of both parents.
In the context of the lack of consensus or the arbitrariness of one of the parents, it is necessary a quickly process of the corresponding file of voluntary jurisdiction that, depending on the assumption in fact, it will involve an specific judicial authorization, a protective measure of the child, or the determination in favor of one of the parents to make a determined decision, in relation to the exercise of the parental power.
In the case of situations of risk for minors and/or the need to solve certain aspects while the separation or divorce is not agreed upon, a provisional and/or precautionary resolution is required to regulate personal issues with children and care: food, use of family housing, etc.
The illicit transfer of minors at the international level becomes a cause of despair and anguish for many families. On these occasions, the mechanism for the restitution of minors must be activated immediately, since the reaction time and contact with the required State are essential for the success of the child's return.
In some cases, judicial decisions, whether those which approve consensual decisions or those agreed in a contentious procedure need to be monitored and enforced before the Courts in case of non-compliance.
This is the execution of economic issues arising from claims for maintenance or extraordinary expenses, compensatory pension and other compensation, but also the execution of obligations to do, usually in the field of the stays of children with one or another parent, and how to develop it.
The evolution and new circumstances of family life require legal adaptations to the new situations of impossible foresight. Family changes, if the relationships are established in a judicial sentence, in most situations, require a new judicial decision that contemplates the new situation and consequently, need to be defined again to agree on the sentence to be modified.
Life as a couple is sometimes not just a sentimental relationship. We must bear in mind that it is also an economic order with its legal consequences. Therefore, we must analyze the contribution of each of the parties to the family project and the impact it has or would have in case of disruption.
The claim of food benefits, compensatory benefits, economic compensation for work or compensation are the subject of a thorough and rigorous study in which we not only make available to our clients the long professional experience but also the more precise knowledge of the interpretations of our Courts.
There is a special reference to the economic compensation by reason of work, as much by its legal peculiarity in its determination, as by the complexity in its calculation. A rigorous knowledge of the rules and jurisprudence and a calculation of the initial and final equity of the parties is necessary to determine the equity difference: basis of calculation of the compensation. In this sense, the office is coordinated with experts in the fiscal, accounting, real estate, mercantile and so on, which provide the necessary assessments for a correct determination of the compensation.
A person is legally incapable when there is a judicial sentence that so declares and this pronouncement happens when there are legal reasons that justify it such as physical or mental illness or deficiencies that prevent a person from being governed.
The incapacitated or minor who are not in power, when the sentence of incapacitation so establishes can be under guardianship or curatorship. The curator merely completes the capacity by assisting in the area determined by the sentence, as long as the degree of incapacity allows the person to govern himself.
In a clear desire to embrace all the needs of our clients we have formed from the regulation of family mediation in mediation techniques offering the accompaniment of our clients to initiate this process, acting as mediators designated by the Medication Center of the Generalitat de Cataluña or the Barcelona Bar Association, in case we have been designated, or at the request of both parties involved in a conflict susceptible to mediation, guaranteeing the maximum impartiality and confidentiality of our intervention.