Separation archivos - Martinez Caballero Abogados

Do you know what are the covenants in anticipation of marital breakdown?

Covenants in anticipation of marital breakdown are agreements that couples can make to regulate how things would be in the event of a possible breakup. These covenants can affect both personal and financial aspects. Making them may seem cold and one or both partners may be reluctant to do so. Many couples start their life together with a lot of excitement, but few couples stop to think about what would happen if one day things don't work out the…

June 20, 2025

martinez-admin Divorce, Family, Family right, Marriage, Separation

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Do you know the differences between marriage annulment, separation and divorce?

It is common to confuse the terms nullity, separation or divorce. Many clients think that they are the same, but in reality they are not. At the legal level, there are notable differences between one or the other. If we are dealing with a marriage nullity, we are referring to the fact that the marriage never existed, that it was not valid and, therefore, that it was not legal. The causes for which a marriage would be annulled…

June 6, 2025

martinez-admin Divorce, Domestic partner, Family, Family right, Marriage annulment, Separation

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Do you know the difference between parental authority and guardianship and custody? Do you know when they can be withdrawn?

Before assessing whether or not it is possible to withdraw parental authority or custody, it is necessary to know what is meant by each of them. Many clients often confuse the concepts of parental authority and guardianship and custody. Here I explain the main differences: Guardianship and custody refers to those rights and duties that focus on the direct care of the child. For example, with whom of the two parents will live. In this sphere, minor decisions…

May 28, 2025

martinez-admin Adoption, Children, Children, Custody and guardianship, Divorce, Family, Family right, Parental rights, Rights, Separation, Shared custody, Single-parent family, Underage

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Custody of animals in case of separation or divorce

Can a pet be considered a “child” in a separation? The answer is yes. When a couple separates, they should discuss who will take care of the pet and how the other will contribute to the pet's expenses. Animals are sentient living beings, as determined in our regulations. What does this mean? In that we must consider them as a party in a separation or divorce process. Many clients ask me: Does it make a difference where I…

May 23, 2025

martinez-admin Animals, Divorce, Family, Family right, Pets, Rights, Separation, Shared custody

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Parental alignment Child abuse or emotional manipulation?

Parental alienation is known as the emotional manipulation that a parent exerts on the children so that they reject the other parent. It is commonly found in the processes of separations or conflictive divorces in which the parents are playing the custody of the children. This increased tension between the parties is unfortunately passed on to the children. Many know this figure as a "subtle" form of child abuse because it is considered by professionals as an "alteration of…

May 19, 2025

martinez-admin Adoption, Children, Children, Divorce, Family, Family right, Separation, Shared custody, Single-parent family, Underage

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MODIFICATION OF ALIMONY: WHEN AND HOW TO REQUEST IT LEGALLY

In family, divorce or separation proceedings, one of the most important issues affecting the welfare of the child is the alimony. Once it is fixed in a Judgment or in a Decree, it can be subject to modification depending on the circumstances and needs of the child. The Civil Code of Catalonia regulates the procedures and requirements so that we can make these modifications. In this article I explain when it is possible to modify the alimony, what are…

March 21, 2025

martinez-admin Alimony, Children, Divorce, Family, Family right, Separation, Shared custody, Single-parent family, Underage

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JOINT CUSTODY: MYTHS, REALITIES AND TIPS FOR REACHING AN AGREEMENT

One of the most important issues we deal with in a divorce proceeding is child custody. Lawyers and Judges prioritize the welfare or best interests of the child at all times. However, there are many myths about shared custody. In this article I will explain what joint custody is, what myths surround it and what strategies I give you to negotiate a fair and peaceful custody. Shared custody is a modality in which time is divided between…

March 12, 2025

martinez-admin Children, Divorce, Family, Family right, Separation, Shared custody, Underage

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True or false: In case of separation or divorce, the children will always live with the mother and not with the father.

In case of separation or divorce, determining with whom the minor children should live with (known as guardianship and custody), is one of the most critical, but important, points in which we find ourselves in family proceedings. It is not true that in case of divorce the children always stay with the mother and not with the father. This will depend on several issues, as well as the circumstances of the children and the parents. In this sense, there…

December 10, 2024

martinez-admin Children, Divorce, Family, Family right, Separation, Underage

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