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Una pareja discute por su separación y su divorcio en Barcelona

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 must exist

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Padres en disputa de guardia y custodia y patria potestad

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 Do you know when they can be withdrawn?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 are made

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Mascota junto a su dueña después de un divorcio

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 go for

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Niño

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 the

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Mujer visita al médico por gestación subrogada

A CHILD FOR HIRE? THE SURROGACY DEBATE

Surrogacy or surrogate motherhood are concepts that obey the same process that consists of a woman (surrogate mother), who carries out the entire pregnancy process and gives birth to a child for another person or couple (non-gestational mother). From the moment the surrogate mother gives birth, she gives up her legal rights over the baby. In Spain surrogacy is NOT allowed. Moreover, it is expressly forbidden (Article 10 of Law 14/2006, of May 26, on assisted human reproduction techniques), since

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Una policía se prepara para entrar y registrar un domicilio

Entry and search: can the police enter my home?

An entry and search is an investigative measure limiting fundamental rights that may be carried out within the framework of a criminal proceeding. The Spanish Constitution recognizes the special protection that the home deserves, as it is the place where the most intimate and private life of individuals takes place. Thus, Article 18 of the Constitution establishes the inviolability of the home and the constitutional protection it deserves, indicating that no entry may be made without the consent of the

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Autónomo estresado por no saber como hacer el compliance penal

Criminal compliance is no longer optional, it saves your company from serious sanctions.

Although this figure has been introduced several years ago, there are still people who are unaware that a legal entity may be criminally liable. Companies may be criminally liable for crimes committed by their administrators or directors, or also for crimes committed by their employees in the event that the directors have breached their duties of supervision, control and oversight. The legal entity is not criminally liable for all crimes, but only for those provided for in the Criminal Code,

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Persona siendo detenida por la policía

Do you know what to do if you are stopped? Know your rights

When a person is detained by the police for allegedly participating in criminal acts, he or she has several rights under the Spanish Constitution and other laws. Article 17 of the Constitution guarantees that no one may be deprived of his liberty, if it is not in accordance with what the Law establishes. It also recognizes the right of any detained person to initiate the “habeas corpus” procedure in the event that he/she considers that his/her detention is not in

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Una persona es juzgada por un delito leve

What are misdemeanors and how are they prosecuted?

The misdemeanor procedure is a special criminal procedure through which misdemeanors are prosecuted. Misdemeanors are considered minor offenses when the Penal Code punishes them with a fine of up to 3 months, permanent localization of up to 3 months, community service of up to 31 days, prohibition of communication or proximity to the victim of less than 6 months, or other minor penalties. In case of committing a crime that is punishable by any of these penalties, its processing will

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Menor de edad sometida a régimen de visitas

VISITATION: HOW TO RESOLVE CONFLICTS AND PROTECT CHILDREN’S INTERESTS

Problems with visitation affect both parents and children. We must try to resolve these conflicts from a sensitive, equitable approach based on respect for all. Many parents forget that what we must prioritize is the welfare of the child. In practice, to avoid problems with the visitation regime, the first thing to do is to draw up a good Regulatory Agreement before starting the divorce process. This document must be clear, balanced and precise, but at the same time, flexible

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