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What we are always asked

Like in all businesses, in many occasions the doubts you ask yourself are the same ones other clients have already brought up. Take a look into this list. Perhaps I can solve some of your questions.

If you click in some specific issue, questions will be filtered, and only related question to this issue will appear.

There is a wide offer in this sector, that is why I always recommend to choose a firm where one can feel comfortable and can connect with the professionals to whom the matter will be entrusted.

In Marta Gil Abogados we address family issues and couples’ and intergenerationals’ conflicts

emerging to the person.

Therefore, my work is transformed in an intense way and in a close collaboration with the people that come to my office: I love my professional labor and my effort to offer a personalized service and creative solutions to your interests/concerns.

For the work I conduct, first meeting is very important: the person brings up the issue to tackle, work strategies are designed and a budget is set. I always attend you personally and dedicate time and effort. Hence, meetings are indispensable (I do not like to settle someone in five minutes) and generally, except for promotions, they must be paid.

Once an issue is entrusted, meetings are inevitable and are included within the budget that is facilitated at the beginning.

Fees depend on the kind of work, time and effort dedicated and the benefit the client obtains, that is, I try to personalize, in each particular case, fees. That is why an initial budget is always facilitated and I adjust to it.

Although the office is situated in Montequinto (Seville), new technologies allow us to approach subjects in other districts, so that distance is not an obstacle to carry out jobs outside Seville. Certainly, in occasions it is necessary to commute to the place at issue and for that motive fees may increase. Even then, if you are interested, it is worth to ask for a budget for your matter.

At all moments and in any procedure the lawyer or attorney handling the subject may be renounced and assign another professional. There are two issues to take into account: the new assigned professional must ask permission to the person he or she is going to substitute and, moreover, he or she has to make sure that the fees of the former professional have been paid off. Although this is not a written norm, it adjusts well to a law praxis.

It is provided in the Civil Law Procedure that processes, once started, may be suspended for 60 days, after which the process can resume or can be filed. Moreover, the person who has started the procedure may stop it, that is to say, communicate to the judge that there is no intention to continue with the subject at issue. It must be taken into account that once a procedure is filed, in general, it cannot be resumed without further ado. If a posteriori someone wants to execute the action again, the process must start from scratch.

My professional work focuses on helping other people in their personal and familiar conflicts. Hence I have specialized in problems surrounding separations and divorces and in

intergenerational conflicts. Mainly, I love working with couples, teenagers and elderly.

Processes for separations and divorces are identical, they follow the same steps, measures taken are similar, budgets are the same…

However, the effects of separation and divorce are not the same.

In a separation marital coexistence ceases and it is presumed that the community of property stops working as such. One is still married but does not coexists with his spouse. He or she is judicially separated.

In a divorce the marital link is completely broken. The marital contract no longer exists, which implies, within others, that one can get married again (civilly, of course).

As it can be seen, the nuance makes sense, mainly, from a religious or moral point of view, so for some time now, most married couples which decide to cease their relationship, opt for the divorce.

The procedures are simple and this quick:

  1. 1. To the other certificates already mentioned, a regulatory agreement is added and then the lawsuit for divorce or separation may be submitted to the corresponding cou
  2. 2. Once the lawsuit is admitted to be handled, spouses and summoned in order to ratify such lawsuit and the content of the regulatory agreem
  3. 3. The agreement is transferred to the prosecutor (in case there are underage kids).
  4. 4. The judgement is render
  5. 5. The judgement is inscribed in the Civil Record.

If a common agreement procedure cannot be undertaken, you can opt for a contentious process that has the following features:

  1. 1. The lawsuit is submitted (without a regulatory agreement) in which the measures thought to be adequate are includ
  2. 2. It is transferred to the prosecutor and to the other party for 20 day ´
  3. 3. A trial is hold.
  4. 4. A sentence is dic
  5. 5. If none of the parties appeal the sentence, it is inscribed in the Civil Record.

This process can be reconducted at all moments to a common agreement one. How?

A common agreement which must be signed by both parties is drafted, it is ratified by both spouses in the court and the sentence is dictated.

In principle, the ordinary expenses are those which, being necessary, are expected and periodical.

The progenitor with custody must satisfy them with the sum of the payment of alimony, and are those which being indispensable for the livelihood, room, clothe and medical assistance, education and formation, have been able to be expected and are frequent.

Most judges understand that the following expenses are ordinary.

Nonetheless you must take into account that every particular case is different and that law is not mathematics. The best is to include in every common agreement which are the ordinary expenses up to date.

Thus, are generally considered ordinary expenses:

  1. 1. Expenses for compulsory education, primary and high school, school fees and tuition, or expected and frequent school materia
  2. 2. Childcare expenses are expect
  3. 3. Parent association’s fees, clothing, uniform and sport clothes for the nature of this activities within the statutory education.
  4. 4. The professional training of the kid (books, related material and transport) and language courses or expected and frequent individual classes.
  5. 5. Expenses related to transport y school lun
  6. 6. Movements of the kid or the progenitor, in order to accomplish the custody regim Nonetheless, when this movements are especially long, complicated and expensive, they are often subject to a special treatment both in the agreements and in the judicial resolutions, expressing who and in which proportion must pay.
  7. 7. Extracurricular activities if they already took place when the alimony was established or when in that moment it was already expected.
  8. 8. Tuition expenses and university education are in principle ordinary, but the singularities of the case or the expectations when the agreement was established must be taken into account. Usually university education, with its books and tuitions are ordinary.

The extraordinary expenses are those which, being necessary or indispensable, are unexpected and not frequent.

The payment obligation exists as a consequence of their necessary condition, but the recognition of the obligation to pay, its amount an, its case, the distribution of the charge, if

there is no agreement between the progenitors, must be determined by a jury, in the corresponding procedure.

Most part of the judges understand that the following expenses are extraordinary.

But you must take into account that every particular case is different and the law is not mathematics. The best is to include in each common agreement which are the expenses that might be considered extraordinary, according to the singularities of your case.

Thus, generally are considered extraordinary expenses:

  1. 1. The inscription in a private school by one of the progenitors, when the other does not express his or her disagreemen
  2. 2. Individual classes if there is a need o convenience for such classes, in sight of the academic record of the kid.
  3. 3. Extracurricular activities if they are necessary or indispensables for the full development of the kid.
  4. 4. Medical expenses, therapeutics or pharmaceutics that the kid might need or that are not covered by the Social Security.
  5. 5. Therapeutics treatments not covered by the Social Security that are estimated to be necessary for the recov
  6. 6. Those produced for the care of the health and oral and orthodontics hygien
  7. 7. The acquisition of glasses, not covered by the Social Security.
  8. 8. School trips when they are estimated, are not only recommended, but necessary, because they are made by the whole class and the absence is difficult to explain because of differences between the spouses, and they are unexpected because they do not take place in all centers and in all grad
  9. 9. University education and courses abroad, state exams, masters abroad, doctorates, and other similar activities deserve the ordinary qualifier depending on the circums
  10. 10. The expense of the driving license has been considered absolutely necessary nowaday
  11. 11. The expense on classes and material in order to learn English.
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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