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Ana Marqués Serrano is a distinguished family law attorney and mediator based in Fuengirola, Málaga. With a dedicated focus on family and matrimonial law, she offers comprehensive legal services encompassing divorce proceedings, child custody arrangements, and related family matters. Her...
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Spain Family Legal Questions answered by Lawyers

Browse our 2 legal questions about Family in Spain and the lawyer answers, or ask your own questions for free.

divorce
Divorce & Separation
Family
Contact me on WhatsApp: +38970704335I can help you.Regards,
child care
Child Custody
Family
Child Support
Child Visitation
Do you have children custody? This can be done through the permission of the court. If he does not follow the court orders then he can be arrested.

About Family Law in Fuengirola, Spain

Family law in Fuengirola addresses all legal matters that affect families and domestic relationships. As a town located on the Costa del Sol in southern Spain, Fuengirola operates under Spanish national family law with considerations for both local social customs and its multicultural population. Family law covers areas such as marriage, divorce, child custody and support, adoption, domestic violence protection, and inheritance. Whether you are a resident, expatriate, or even a tourist with family ties in Spain, understanding how local rules apply is essential.

Why You May Need a Lawyer

There are numerous situations in which the services of an experienced family lawyer in Fuengirola might be crucial. You may benefit from legal advice or representation if you are:

  • Filing for divorce or legal separation
  • Seeking custody or visitation rights regarding your children
  • Requesting or contesting child support or spousal maintenance (alimony)
  • Planning to get married and want a prenuptial agreement
  • Dealing with domestic violence or protection orders
  • Adopting a child, whether domestically or internationally
  • Resolving disputes over inheritance or wills after a family death
  • Managing shared property division
  • Moving to or from Spain and concerned about international family law aspects

An experienced lawyer will ensure your rights are protected and help you navigate complex legal requirements.

Local Laws Overview

Family law in Fuengirola is primarily governed by the Spanish Civil Code, with some matters influenced by autonomous community regulations. Key aspects include:

  • Marriage and Divorce: Both civil and religious marriages are recognized. Divorces require a legal process, with no need to prove fault.
  • Child Custody and Support: Courts prioritize the wellbeing of children. Joint custody is common, but sole custody may be awarded where necessary. Child support is calculated based on parents’ circumstances and enforced by court order if needed.
  • Adoption: Both Spaniards and foreign residents can adopt, though the process involves strict background checks and judicial approval.
  • International Cases: Spain adheres to EU family law regulations and various international conventions, which is particularly relevant for cross-border families in Fuengirola.
  • Domestic Violence: Victims can seek immediate protection orders and assistance from both local police and specialized family courts.
  • Property Division: Upon divorce, assets acquired during marriage are usually considered joint property, unless agreed otherwise (e.g. through marital contracts).

It is important to note that many procedures require formal documentation, and proceedings are generally conducted in Spanish.

Frequently Asked Questions

How do I file for divorce in Fuengirola?

To file for divorce, you need to submit a petition to the local family court. If both parties agree on key issues, the process is usually faster and less complex. Using a lawyer to prepare documents and represent you in court is highly recommended.

What happens with child custody after separation or divorce?

Spanish courts aim for solutions in the best interest of the child. Custody can be shared (joint) or granted to one parent (sole). Schedules for visitation and support are either agreed upon by parents or determined by the judge.

Can foreigners get married in Fuengirola?

Yes, non-Spanish nationals can marry in Fuengirola. There are requirements involving residency, documentation, and legal status checks, and all documents must be translated into Spanish and apostilled if necessary.

What legal help is available if I am a victim of domestic violence?

Immediate protective measures can be obtained via the police or a local court. There are emergency support services and specialized lawyers who handle such cases with confidentiality and priority.

How is child support calculated?

Child support is determined based on the incomes and needs of both parents and the children. The judge will assess the specifics of each case to ensure fair provision for the child’s expenses.

Do I need a lawyer to make a will in Fuengirola?

While it is not mandatory, consulting a lawyer ensures your will complies with Spanish law. This is particularly important for expatriates or those with international assets or heirs.

Can I move abroad with my child after divorce?

You must secure the other parent’s consent or a court order before relocating. Taking a child abroad without proper authorization can have serious legal consequences.

What is a prenuptial agreement and is it enforced?

A prenuptial agreement sets out each spouse’s property rights and responsibilities in advance. Spanish law allows for such agreements, provided they do not violate basic legal principles or public interests.

How are assets divided on divorce?

Assets acquired during the marriage are usually divided equally unless there is a marital contract (separación de bienes). Assets owned before marriage typically remain with the original owner.

Are court proceedings conducted in English?

All official proceedings are in Spanish. If you do not speak Spanish, you may need an accredited translator during hearings or when submitting documents.

Additional Resources

Here are some resources and organizations that can provide support:

  • Fuengirola Ayuntamiento (Town Hall) - Civil registry and local administrative assistance
  • Juzgado de Primera Instancia e Instrucción de Fuengirola - Handles family courts and legal filings
  • Ilustre Colegio de Abogados de Málaga - Provides lawyer referrals, legal aid, and information
  • Servicio de Atención a Víctimas de Andalucía (SAVA) - Supports victims of crime including domestic violence
  • Spanish General Council of the Judiciary - Informational resources on family law and court processes

Next Steps

If you are facing a family law issue in Fuengirola, consider the following steps:

  • Gather all relevant documents such as identification, marriage or birth certificates, and financial records
  • List your main concerns and goals regarding your family situation
  • Consult a local family law specialist to understand your rights and options
  • If urgent, especially in cases of domestic violence, contact local police or support services immediately
  • Ensure you have document translations if you are not fluent in Spanish
  • Ask for an initial consultation with a lawyer to assess your case before taking any legal action

By taking informed steps and accessing professional legal advice, you can better protect yourself and your loved ones while navigating the complexities of family law in Fuengirola, Spain.

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Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.