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                                                     FAMILY LAW

In our law firm, we have experience and are ready to assist you in various legal areas focused on regulating family relationships. Some of the fundamental topics addressed in this legal practice include:

Liquidation of Marital Assets

Custody and Visitation Rights

Processes Regarding Individuals' Capacity

Divorce and Separation:

The dissolution of marriage is one of the most common aspects in family law. We can advise you on any divorce process, whether contested or mutual, as well as in the negotiation of separation agreements. In this field, we strive to promote and encourage Family Mediation as an alternative method of conflict resolution within the family. We are strong advocates for amicable dispute resolution, avoiding prolonged litigation and seeking agreements that benefit all parties, especially when minors are involved.

Custody and Visitation Rights:

This involves determining child custody in cases of divorce or separation and establishing visitation rights for the non-custodial parent. Currently, in the judicial bodies of Marbella, Estepona, or San Roque (Sotogrande), both the public prosecutor and the judges and courts favor the application of shared custody as the least detrimental system after family breakdown, always from the perspective of the child’s best interests. The Supreme Court has consistently emphasized the objective goodness of the shared custody system and its advantages over other systems, such as the involvement of both parents in caring for the children, avoiding imbalances in presence times; reducing the inevitable feelings of loss for the children regarding the absent parent, ceasing to question the suitability of the parents, and encouraging parental cooperation for the benefit of the children.

Alimony and Compensatory Allowance:

Legal practice involves calculating and negotiating child support and, in some cases, compensatory alimony for the spouse who may need financial support after separation, even in the case of shared custody.

Liquidation of Marital Assets:

In the context of marriage dissolution, it is common to need to liquidate and distribute common assets and properties. There are many ways to structure this process. The approach in these matters can help avoid serious harm to the involved assets.

Modification of Separation or Divorce Measures:

In changing situations, such as changes in economic or family circumstances, modifications to previously agreed-upon measures, such as custody or initially established alimonies, can be requested. However, not every change is capable of affecting the measures judicially agreed upon by the relevant court.

Processes Regarding Individuals’ Capacity:

At Berenguer Law, we have experience in the courts of Marbella, Estepona, and San Roque (Estepona), and we can assist you in processes concerning the implementation of the capacity of individuals suffering from illnesses that affect their legal capacity to act. Law 8/2021 and the Measures to Support Persons with Disabilities in Spain took a significant step toward inclusion and recognition of the rights of people with disabilities. It establishes a more robust and comprehensive legal framework to ensure equal opportunities and full participation in society for those living with disabilities.

Successions and Inheritances: Advising and planning for succession, as well as its management, in the distribution of assets in cases of death, ensuring compliance with the deceased’s will and the best tax strategies, is a task that is sometimes not given the importance it deserves. This inevitable personal and patrimonial situation must be addressed properly, with the experience and professional knowledge that we can provide at Berenguer Law.

In summary:

Our legal and judicial practice in family law in Spain, especially in the courts of the area (Marbella, Estepona, and San Roque-Sotogrande, among others), will provide you with comprehensive attention to your family matters, seeking fair and equitable solutions within the current legal and jurisprudential framework. Here, you will find a lawyer with negotiation skills, empathy, and a deep understanding of the current legislation in these matters, as well as experience in the relevant courts.

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