{"id":1946,"date":"2022-05-31T11:02:49","date_gmt":"2022-05-31T11:02:49","guid":{"rendered":"https:\/\/sainzyvankesteren.com\/family-law\/"},"modified":"2022-06-07T09:04:28","modified_gmt":"2022-06-07T09:04:28","slug":"family-law","status":"publish","type":"page","link":"https:\/\/sainzyvankesteren.com\/en\/family-law\/","title":{"rendered":"Family Law"},"content":{"rendered":"\t\t
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Family Law <\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/section>\n\t\t\t\t
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\n\t\t\t\t\t\t\t\t\tAt Sainz y van Kesteren<\/strong> abogados our work philosophy is to offer a personal treatment, to create the necessary closeness to talk about complex issues<\/strong>, always keeping in mind the global picture: the needs of the children and the good of the family.\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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Whether they are judicial, extrajudicial or negotiation proceedings, Family Law matters usually involve the most important aspects of any person’s life: children, affections, the family home, family, relationships, and assets.<\/strong><\/p>

Hence the importance of having professionals equipped with solid theoretical and procedural knowledge in Family Law, but also with the special sensitivity required; lawyers who accompany people during the emotional transit in such personal and delicate matters.<\/p>

As experts in Family Law, we cannot and should not guarantee results, but we can define strategies foreseeing possible scenarios, providing the people for and with whom we work hand in hand, the necessary information so that their decision making process is the best possible. As specialists we understand the conflicts, consequences and needs that arise after a breakup. Even between well-matched people, the emotional factor is always present in family matters.<\/p>

Therefore, our main objective is always to look after the interests of the children and the families, prioritizing amicable agreements in order to maintain, as far as possible, the family ties.<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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FAMILY LAW<\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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We advise nationals and foreigners on the necessary formalities to get married or to register as a domestic partner in the corresponding registry.<\/p><\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t\t\t

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Before getting married, it is important to know the advantages and disadvantages of the main matrimonial property regimes that exist in the general legal system. Choosing between the community of acquisitions, the participation regime or the separation of property regime has important consequences for the future marriage.<\/p>

However, unlike other countries, in Spain it is possible to change the matrimonial property regime after the celebration of the marriage. To do so, it is only necessary to execute before a notary some marriage contract (capitulaciones) in which the desired regime is adopted. We advise our clients on which regime best suits their family and economic circumstances. We also advise on the possibilities and limits of premarital agreements in the Spanish legal system.<\/p><\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t\t\t

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We are specialists in mediation and negotiation; we try to solve conflicts with agreements, avoiding, whenever possible, legal proceedings.<\/p><\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t\t\t

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At Sainz & van Kesteren<\/strong> we advise people on how to complete their separation or divorce proceedings; also to request parental measures in the case of couples with minor children who are not married.<\/p><\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t\t\t

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After the cessation of cohabitation or de facto separation, many couples consider initiating their separation or divorce. When people reach an agreement it is necessary to express it in a legal document called Regulatory Agreement that must be presented in the Courts for its judicial approval. This Agreement contains the basic rules that will regulate the family relations in the future, after the separation or divorce. By law, this agreement must contain a clear definition of very specific issues such as the custody and guardianship of the minor children (shared or exclusive), the visitation regime, the alimony, the attribution of the use of the family home, the liquidation of the community property or the common assets (joint ownership), among the most relevant ones.<\/p>

At Sainz & van Kesteren we consider that the Regulatory Agreement is one of the most important documents that a person signs throughout his or her life, one of the few that regulates the future of those involved in the long term. That is why we draft each Regulatory Agreement in a handcrafted way, with care and attention to every detail, with all the necessary tools to create a “tailor-made suit”; because every family, every couple, has unique and different circumstances.<\/strong><\/p><\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t\t\t

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When it is not possible to reach agreements that conclude with mutual agreement procedures, it is possible to request that the judge decide for the parties on the provisional and\/or definitive measures that will govern family relations after a separation or divorce.<\/p>

At Sainz y van Kesteren, in addition to designing legal and procedural strategies based on solid knowledge and our extensive professional experience, we accompany our clients during the complex moments generated by the judicial dynamics.<\/p><\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t\t\t

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Provided that there are no minor children and the parties have reached an agreement on the terms of the divorce and the liquidation of the community property, the divorce can be formalized before a notary by granting a private document.<\/p><\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t\t\t

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Dedication to the home and family may entitle you to a compensatory pension and\/or compensation in the event of divorce.<\/p><\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t\t\t

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The liquidation of the community property<\/strong> consists of dividing in half the patrimony generated by the spouses during the marriage and until the end of the community property.<\/p>

On the other hand, the extinction of the condominium<\/strong> (also called proindiviso) consists of expressing the will of the owners not to continue sharing the property of certain goods. The usual formulas to extinguish a condominium are the adjudication of the property to one of the co-owners by means of an economic compensation, or the sale to a third party.<\/p><\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t\t\t

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Even when there is already a divorce sentence with the measures that are going to regulate the family relations, important changes can take place in the life of the people. When this change of circumstances really takes place, it is possible to request judicially the modification of the measures contained in a sentence with the purpose of adapting them to the new circumstances of the family.<\/p><\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t\t\t\t\t\t