SEPARATIONS AND DIVORCE
Divorce is probably the most frequent operation for a family solicitor. When a marriage splits, the motives do not need to be justified, and either one of the spouses can request it at any time. SNevertheless, the regulation of the relation with the children and the distribution of common assets can create many problems. Divorce can be through mutual agreement or a contented divorce.
Mutual agreement divorce
Mutual agreement divorce or express divorce is that in which both spouses reach a pact to regulate all of their interests that are involved in the rupture of the marriage.
Contented divorce is that in which the spouses defend their interests in confrontation. It will be the judge who decides the controversy. The experience of the family solicitors that handle the issue is vital.
THESE ARE THE STEPS TO TAKE:
Before taking any decision and initiating a law suit, you should make a consultation with a solicitor specializing in the matter. First, the solicitor will recommend that you try to come to a consensus and mutual agreement (amicable agreement), with the drafting of a regulatory agreement that rules the new family situation, said amicable agreement is always recommended due to the saving in time, costs, uncomfortable situations and the confrontation between the spouses, but the most important of all is to help the children not to have to live tense situations, nor live confrontations between the spouses.
In the case that it was possible to come to an amicable agreement, then a judicial proceeding must be initiated, unilaterally, requesting the convenient previous measures and circumstances that are recommended.
The alimony that may proceed in the case of the separation of a couple, or the end of a marriage, will vary depending on type of union, being either a joint asset regime, separate assets, or a registered couple In the first case, you might have the right to a marital allowance according to section 97 of the civil code, in the second place, a compensation according to section 1.438 of the civil code, and in third place, there could be a compensation based on in the unjust enrichment doctrine.
In order to know what proceeds, compensation or indemnification (or both at the same time, for being a married couple, that initially had been married in joint asset regimen and then that signed marital capitulations for asset separation), each case has to be analyzed to see if it complies with the requirements, and to know if there is a right to obtain this.
When someone thinks of granting a will, they have several doubts. Some of these are regarding the possibility of benefiting one of the heirs over the others, or even removing one of them from the inheritance.
There is also the question of if whether it is necessary to have the last will in writing, or if telling family members is enough. On the other hand, after a death, the heirs can ask themselves if they are obliged to accept the assets that correspond to them, or if they can reject them, or how to act if the person who has passed away has left debts.
From the assessment when writing your will, advising which is the institution that adapts best to your needs, to the execution of your will, elaboration of testamentary partition documents or the defence of the inheritors´ legitimate rights.
The intervention of a specialized solicitor in the matter of inheritances is fundamental to avoid problems and to receive the correct assessment.
No obstante, antes de contratar a un abogado, debe tener en cuenta que tenga experiencia y conocimientos específicos en materia de herencias.
In all cases, once you have the quotation, and you have hired a competent solicitor, he/she can help you, specially, in two aspects:
Everything that is related to the manner in which the awarding of the inheritances are going to be carried out. Bear in mind that it might be of interest to carry out the partition document in a different way to the ordered by the testator (i.e. one descendant wants to keep the family home and award it to themselves directly without the need to carry out after the inheritance a new transmission deed). The questions that an inheritance presents are many and complex, and it is of interest to be duly assessed.
The solicitor will advise what is the most suitable when it comes to evaluating assets or tax benefits, avoiding, as far as possible, unnecessary payments to the Tax Office. Likewise, and this is very frequent, the solicitor can carry out issues on behalf of his/her clients, assisting on their behalf to several public bodies (Land Registry, Cadastre Office, Town Councils, Tax Offices, Notaries, etc.) and collect the necessary documentation.
The lawyer can resolve all incidents presented by the estate.
In other cases, the intervention of a solicitor will be absolutely necessary, for instance in the case of the judicial inheritor’s declaration (that which takes place when someone passes away without a will leaving as inheritors siblings or other collateral family members).