Lawyers specialising in family and matrimonial law
Family and Matrimonial Law governs the legal relationships arising from marriage, cohabitation and the relationships between parents and children. This area covers, amongst other matters, separation and divorce proceedings, the adoption of measures concerning minor children, financial obligations between spouses and the organisation of the matrimonial property regime.
These are situations that require rigorous legal intervention, in which personal and financial considerations intersect and must be addressed with technical expertise, foresight regarding the consequences, and respect for the applicable legal framework. Proper planning of family law measures is essential to ensure legal certainty for the parties and, in particular, to protect the interests of any children involved.
At BGI LAW, we advise and represent our clients in family and matrimonial law proceedings, whether through negotiation or in court, adopting a sound legal approach tailored to the specific circumstances of each case.
The firm’s experience in family and matrimonial law
BGI LAW has experience in providing legal advice and representation in family and matrimonial law proceedings, acting in both amicable settlements and contentious proceedings.
From its offices in Marbella, Madrid and Vigo, the firm handles family disputes with personal and financial implications, including those with international elements, providing rigorous legal representation tailored to each situation.
Key services in family and matrimonial law
Marriage and relationship counselling
Measures relating to minor children
Economic and family measures
Areas of practice in Family and Matrimonial Law
Marital relationships
and family law measures
Hidden
Family law
- Separation and divorce proceedings, whether by mutual consent or contentious.
- Annulment of marriage.
- Dissolution of registered civil partnerships.
Custody and guardianship of minors
- Determination of joint or sole custody.
- Establishing and amending visiting arrangements.
- Organising time spent together and holidays.
Pensions and economic measures
- Setting and reviewing maintenance payments.
- Determination of spousal maintenance between spouses.
- Update on economic measures due to changing circumstances.
Parent-child relationships
and the protection of minors
Hidden
Your content goes here. Edit or remove this text inline or in the module Content settings. You can also style every aspect of this content in the module Design settings and even apply custom CSS to this text in the module Advanced settings.
Matrimonial property regimes
- Division of joint property.
- Separation of property and other property regimes.
- Award of the right to use the family home.
Parentage and parent-child relationships
- Claims and challenges to parentage.
- Acknowledgement of paternity or maternity.
- Determination of parental rights and responsibilities.
Protection of minors
- Measures to protect children.
- Custody and guardianship proceedings.
- Intervention in situations of particular vulnerability.
Proceedings and enforcement
in family law matters
Hidden
Amendment of measures
- Amendment of definitive measures due to a change in circumstances.
- Review of custody, maintenance and use of the family home.
- Procedures for adjusting family measures.
Enforcement of family court orders
- Enforcement of family law judgements.
- Failure to comply with visiting arrangements or maintenance payments.
- Safeguard measures and enforcement.
Proceedings with an international element
- Custody and access rights in international contexts.
- Relocation of minors to another country.
- Coordination of procedures in accordance with applicable international regulations.
Work methodology
1. Analysis of the case
Review of the family situation and relevant documentation.
2. Legal assessment
Identification of legal options and possible scenarios.
3º- Definition of the strategy
Choosing the most appropriate course of action: negotiation or legal proceedings.
4. Representation and follow-up
Legal representation and ongoing monitoring of the proceedings.
Frequently Asked Questions on Family and Matrimonial Law
Hidden
When is it necessary to consult a family law solicitor?
It is advisable to consult a family law solicitor when considering a separation, a divorce, arrangements regarding minor children or any dispute relating to family life. Seeking legal advice from the outset enables you to understand the legal options available and avoid decisions that may have negative consequences in the medium or long term.
What is the difference between a divorce by mutual consent and a contested divorce?
A divorce by mutual consent is based on agreement between the parties regarding the arrangements to be made, which usually speeds up the proceedings and reduces the financial and personal impact. A contested divorce occurs when there is no agreement and it is the judge who decides on the arrangements, which means the process takes longer and is more complex.
How is child custody decided?
Custody is determined in the best interests of the child. The court takes into account factors such as the children’s age, their relationship with each parent, the parents’ availability and family stability. Joint or sole custody may be granted, depending on the specific circumstances of the case.
Can a divorce decree or the agreed arrangements be amended?
Yes. The measures set out in a court order may be amended where there is a substantial change in the circumstances that were taken into account when the order was made, such as changes in financial circumstances, changes in the children’s needs or significant changes in the family situation.
What is a regulatory agreement and when is it compulsory?
The settlement agreement is the document setting out the arrangements regarding the children, maintenance, use of the family home and the matrimonial property regime. It is mandatory in proceedings by mutual consent and may be approved by the court if it meets the legal requirements and adequately protects the children.
How is maintenance set?
Maintenance is determined by taking into account the children’s needs and the financial means of each parent. The amount may be reviewed if the children’s financial circumstances or needs change, through the relevant court proceedings.
What happens to the family home following a separation or divorce?
The allocation of the family home is determined primarily with a view to protecting any minor children. Where there are no children, other criteria are taken into account, such as ownership of the property and the financial circumstances of the parties. Each case requires a specific assessment.
Is it possible to resolve a family dispute without going to court?
In many cases, yes. Negotiation or mediation can enable satisfactory agreements to be reached without the need for legal proceedings. However, it is important to seek legal advice to ensure that any agreements reached are valid and enforceable.
What happens if one of the parties fails to comply with the terms of the judgement?
Where there is a failure to comply with measures such as the payment of maintenance or visiting arrangements, it is possible to apply for the judicial enforcement of the judgement. The court may take measures to ensure compliance with the terms of the agreement.
Can they act in family law proceedings involving an international element?
Yes. In family law proceedings with an international element, such as changes in a child’s place of residence or custody arrangements across different countries, it is essential to analyse the applicable legislation and coordinate legal action to protect the rights of the parties and the children.
Contact
Matters relating to family and matrimonial law require rigorous legal analysis and carefully planned action, as the decisions taken can have significant consequences in both personal and financial terms. Correctly identifying the applicable measures is essential to provide legal certainty for the parties and, where children are involved, to ensure that their interests are adequately protected.
If you require advice on family and matrimonial law, the team at BGI Law can analyse your situation and assess the most appropriate legal steps to take in accordance with the applicable legal framework.
If you prefer, you can call us by selecting this option.
If you prefer, you can send us an email by selecting this option.