Family and Inheritance Law

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Your family, in best hands

It is increasingly common going to a law firm to arrange matters that affect our most intimate sphere.

It is usual in these cases to draw an insurmountable barrier between the legal, the personal and the familiar, as if they were three watertight compartments, as if it were possible to make decisions in one or another area without affecting the rest.

My personal and professional experience tells me that this does not work that way. Our actions are interconnected and the decisions we make can affect the different spheres of our lives.

At Marta Gil Abogados, the personal affairs of our clients are treated with the delicacy they deserve, so that, in such important life processes, they can obtain the help and necessary resources to face their problems.

Our intervention is especially indicated in:

  • Separations, Divorces, Marriage Annulments.
  • Asset Liquidation.
  • Domestic partnership.
  • Ecclesiastical Marriage Annulments.
  • Filiation.
  • Inheritance procedures.

Most frequent questions about divorces and separations

Separations and divorces themselves are not expensive processes, in spite of their bad fame. What is really expensive and in most cases, complicated, is to liquidate the marriage contract, or what is the same, share the assets and charges which are in common. That is why it is important to take a realistic approach to each personal situation and from that point, move forward with the objectives already set.

Before starting any type of process, it is convenient to make a clear budget that details the contracted services and the method of payment. In my case, I always ask for a provision of funds at the beginning and break the total amount into partial payments as the procedure progresses.

It depends basically on three issues.

The first one, if it is a process of common agreement, the procedures are usually easier than those that are litigious.

The second one, the court where the procedure takes place. Regarding this matter, we have no influence, since the lawsuit is presented at a general register. And not all courts work the same way.

The third and fundamental one: the necessary time in order to make the client’s expectatives coincide with his or her real possibilities, within legality.

This is the big question. And there is no answer, or in other words, it depends on who is answering it (my ex, my sister, my friend, the neighbor…).

There is no set rule which determines how, what and to whom. There are trends in court and issues on which decisions have to be taken necessarily (what happens with the family home and how are the kids going to live, if any), but little more.

That is why, now more than ever, it is the time to stop and think how we want to do this and which option is the more convenient for oneself, depending on the context.

That is for sure the option that contemplates my rights and responsabilities, and that rarely moves away from legality.

Not necessarily.

If kids are adults and it is a mutual agreement procedure, then it is possible to go to a Notary, with equal effect as a judicial process.

In all other cases, you need to go to court. And you have to take into consideration that the court that took part into the divorce/separation, will be the same for all civil actions that might appear in the future: procedures for the liquidation of assets, executions and sentence modifications.

That is why it is recommended to submit reasonable requests: judges also have memory…

Definitely, no. Even if both parties move to the other side of the Spanish geography, once a civil court has ruled a sentence on a divorce, separation or domestic partnership, it will be the appropiate one to know all issues concern to this matter.

The measures adopted in this type of procedure may be modified, of course, but they were born to be permanent, which means that in order to change them, it is necessary to prove in court that the circumstances to adopt them have varied substancially.

That has to be prove in court and that is not so easy.

Therefore, it is better to look for the right formula and not rush trying to solve things quickly, because this decision may last for years.

From the age of 12, in case of discrepancy between the parents’ claims, courts are obliged to listen to minors.

This is valid in both, new procedures and those initiated to modify the guard and custody regime or to extend visits system.

Logically, minor’s voice is heard, but this does not imply that the court simply accepts his preferences.

All in all, my experience with minors declaring in court is bad. First, it creates themselves a loyalty conflict that they do not always know how to solve, among other reasons, because they do not have the necessary tools or enough experience to put everything in its place. That is the reason why sometimes their statements have nothing to do with what they have sid their parents in privacy. The result can be just the opposite of the desired one, so if it can be avoided, it is much better.

But as in all family matters, it is required to analyze every specific case: in this field, more than in any other, there are no topics or general recipes. Each family and each situation is unique and thus must be treated.

Information and contact

You may contact us by:

Telephone: +34 629 747 692

Email: info@martagilabogados.com

Skype account: MartaGilAbogados

Facetime account: mgilvarela@icloud.com

Or if you prefer to address us personally, ask for an appointment and we will attend you as soon as possible at:

C / Villas Quinto, G-2

41089 Montequinto – Dos Hermanas, Seville

Monday – Friday: 10:00 a.m. to 8:30 p.m.

Saturdays and Sundays: Closed