Common Spanish Divorce Questions – Lawyers in Spain

What will happen concerning the custody of my children?

If you have children under 18, you have to know that your duties as a parent remain the same. You should keep the parental authority over your children, whether or not you have custody of your children.

You might share the custody with the other parent if both of you agree on it and if the court agrees then on it too. The court might also order the shared custody even if you did not agree together on that point because, actually, the shared custody is preferred nowadays.

You have to know that the judge will always take into consideration the best interest of the child, that is to say that, if the minor is under 3, the child’s custody will be given to the mom, or if you and your spouse live far away from each other, only one of you will end up with the custody.

So, Can I get joint custody?

More and more, joint custody is being put by the judge and/or the parents which gives them a shared visitation right that will be established by the judge. However, it will not be a possibility to have shared custody if the parents live far away to each other for instance. For example in different countries.

As a consequence, if the joint custody is not approved, then it will be compulsory to establish a visitation right towards the parent that does not have the custody of the child.

If you get a divorce in Spain, it is important to remember that if you have children, you will keep your duties.

I will suffer a financial imbalance because of the divorce, may I receive money from my spouse?

Yes, you can. If you suffer a financial imbalance with respect to your spouse, they will have to pay you alimony in order to help you, for instance if you gave up your career to take care of the children. To make the calculations necessary, you should ask for a lawyer of our firm, since we all know very well family law.

Should I pay a compensatory pension?

One of the spouses might get alimony if one them is clearly disadvantaged economically because of the divorce such as if they have given up their career to take care of the children…Concerning the compensatory pension and the economic one, just like for all the rules put before, you will need the help of a lawyer to determine if and how much you might give or get.

Could I be able to receive a pension even if we have joint custody in Spain?

Yes, you could. Indeed, having a shared custody does not take away your right to receive compensation if you really need it and if the divorce really puts you in a bad financial situation. Again, our Spanish lawyers will help you with that.

If we do not end up with joint custody, how often could I see my children?

It depends on the specific situation, for example: on your work or your children needs… But, most of the time, you will end up with a settlement allowing you to have your children in your home on alternate weekends and one or two week days, in the afternoon if the children go to school.

You want some more information, you call our Spanish family lawyers or read this article:

Disclaimer: This information in this article is not definitive, for up to date legal advice which is relevant to your case please contact our lawyers in Barcelona.

Piñera del Olmo

Granada del Penedès 10, entlo
08006 Barcelona

Phone: +34 93 514 39 97

Fax: +34 93 127 07 66