This same year a Law has entered into force that, to say the least, is generating a lot of controversy. It is the Organic Law 1/2025, of January 2, on measures regarding the efficiency of the Public Justice Service, which came into force on April 3, 2025.
This Law has introduced important changes in the judicial procedures, but more specifically in the area of Family Law.
The objective of this law has been to reduce the workload of the Courts and to make it easier for the parties to try to reach an agreement before filing a lawsuit. Therefore, for certain procedures, if we do not demonstrate this “willingness to negotiate” or to reach an agreement, the Court will not process our claim for not complying with this requirement.
This prior negotiation will not be required in processes of urgent measures for the protection of minors, for example. This is due to the fact that the protection situation takes priority over the will to reach an agreement.
However, I was saying that it was a source of controversy because this previous step implies that the processes are taking longer and the ones who suffer the most are the minors.
For this reason, what the Spanish Association of Family Lawyers has done is to present, before the Congress of Deputies, a ‘Right of petition’ so that this Law does not affect the Family processes with minors. Here you can find the link: okaeafa-derechodepeticiónparapresentar.pdf
The reason for making this request, so that this Law does not have to be applied to proceedings involving minors, is so that the processing of family proceedings is expedited and not slowed down by the requirement of having to negotiate.
Having to comply with this Law, in family proceedings, implies that the Court takes much longer to agree on alimony and visitation, for example. This supposes a risk, which has not been contemplated when this Law was made, since it supposes an evident lack of protection of the minors and this has repercussions in their welfare.
It has been a few months since this law came into force and we hope that petitions such as that of the Spanish Association of Family Lawyers will bear fruit.
Anna Nicolàs Torán
Lawyer Expert in Family Law
M&CAbogados
