With 50,000 separations & divorces involving children taking place in Spain each year, the issue of what happens to the family home is getting more and more attention. Men’s rights groups and some judges want the current law changed, and some comunidades are listening.
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Chipping Away at Civil Code Article 96
August 7, 2010
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After Separation & Divorce, Aragón, Catalunya, Custody, Economic Factors, family home, Residence, Shared Custody, Spain | 
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Want to Talk?
August 5, 2010On Saturday, 7 August I will be taking calls free of charge in order to answer your questions about family mediation, divorce in Spain, child custody & support, etc. I would love to hear from you!
Just call madridmediation on Skype between 14:00 – 17:00 Central European Time (BST+1) on August 7th.
Looking forward to your call,
Andrea
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Spanish Government to Consider Shared Custody
July 31, 2010By winning a Senate vote 132 to 122, the Partido Popular has managed to put shared custody on the Spanish government’s agenda. A debate will now begin as to whether the divorce law should be changed to favor shared custody arrangements.
Meanwhile, other European countries grant shared custody where parents cannot agree on a parenting arrangement. The UK, Germany, France and Italy all see shared custody as the preferred option although there are some differences among them in regard to the practical details.
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Cataluña Does Not Prefer Shared Custody
July 23, 2010The much-anticipated Catalan divorce law that was finally passed on 14 July does not make shared custody the preferred option when it comes to settling custody disputes. The decision comes just two months after Aragón decided to favor shared custody in divorce disputes.
Cataluña’s new law does, however, have some innovations: the fate of the family home is no longer linked to the issue of custody, meaning that its use can be awarded to the more economically-disadvantaged spouse. Also, divorcing parents will also be required to come up with a parenting plan.
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Spain Leads the EU…in Divorces
July 22, 2010According to ABC, two thirds of Spanish marriages now end in divorce, and each year Spanish separations and divorces amount to 58% of the EU total . Between 1998 and 2008 the number of divorces in Spain tripled. Meanwhile the marriage rate is going down.
The information comes from a study conducted by the Institute for Family Policies.
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EU Divorce Law
July 18, 2010In June 14 EU countries agreed to allow their citizens to choose which country’s laws to apply in case of divorce. The 14 are: Austria, Belgium, Bulgaria, France, Germany, Hungary, Italy, Latvia, Luxembourg, Malta, Portugal, Romania, Slovenia and Spain.
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Grandparents’ Rights
June 20, 2010When parents split, a fault line is often created that separates one half of the family from the other. Grandparents and children feel this divide keenly, especially if they have always enjoyed a close relationship. This is particularly true in Spain, where grandparents often live nearby and are much depended on to lend a hand while busy parents work or run errands.
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Thoughts about the Draft Mediation Law
June 13, 2010Last week I attended the “I Encuentro de Magistrados, Jueces, Fiscales y Abogados sobre Mediación” in Madrid. The talks were sponsored by the Asociación de Juristas por la Mediación and addressed the current use of mediation in family and other areas of civil law. The draft mediation law was discussed as well.
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Calculating Child Support
May 31, 2010In Spain there is no hard-and-fast formula for calculating child support payments. In determining the pensión alimenticia judges take into account the non-custodial parent’s income as well as the child’s expenses (schooling, clothing, meals, etc). Other factors, such as dependents from a previous relationship, may need to be taken into account as well.
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Reactions to Aragon Shared Custody Law
May 25, 2010Pere Ríos, a Barcelona-based journalist, makes a number of points in favor of shared custody in “Esto es la igualdad”. One is that the new Aragón law will challenge the status quo in Spain by encouraging men as well as women to become caretakers, thus ultimately helping to end workplace discrimination against women.
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