Family and Inheritance Law
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.
- Inheritance procedures.
Most frequent questions about divorces and separations
How much is this going to cost?
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.
How long does these kind of processes take?
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.
What is suitable to me?
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.
Is necessary the intervention of a court?
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…
Can the court be changed?
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.
Can my Divorce sentence be changed?
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.
When can my kid decide to come to live with me?
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.
A third party who brings stances together
Mediation is an alternative method in the resolution and management of conflicts, where a third person, impartial and neutral, helps implicated parties to reach themselves a satisfactory agreement.
The implicit principles in this kind of procedure and their advantages are, within other aspects, flexibility; it promotes the maturity and responsibility of the individuals; it bets for creative solutions adjusted to both parties; it respects the autocomposition of the implicated people and it is a dynamic process, which allows to translate what is learnt to different aspects of life.
Mediation is converted then in one more instrument, inmersed in the scheme of social and personal relationships which characterize reality as of today, which objective is the acknowledgment of the other and his or her legitimization in and from the difference that separates us.
We help you to…
Get to know this tool
Informing you personally about the advantages of this kind of processses.
Take advantage of mediation
Facilitating that you learn and apply to your case the principles of mediation.
Systemic Familiar Intervention
Let us discover and promote our personal skills and resources in our personal and family environment
Healthy and effective links
At Marta Gil Abogados we try to promote a space for joint reflection, in which, from a systemic point of view, the bases for the proper development of personal relationships are consolidated through conversations based on the recognition and legitimization of the other, as a starting point of the interpersonal re-encounter.
The context in which the sessions take place aims to facilitate and expand the capacity for reflection and action of everyone participating in them.
The target would be to accompany you in these crisis processes and facilitate you to:
- Identify the current aspects that prevent / hinder the development of your daily life and its interpersonal context.
- Analyze these situations, the elements that maintain them and their possible solutions in the light of your family life cycle.
- Redefine your current situation and rediscover your experience from an integrating perspective within your personal, family and cultural context.
We help you to…
Strengthen the bonds of your personal environment
Promoting an open and fluid communication in your daily life, so that you can naturally develop in your personal relationships.
Adapt to the challenges and changes in life
Making flexible rigid patterns that hinder the good development of day to day.
Redefine your personal story
To be able to look to the future light baggage.