To begin with, we need to get a general idea of what family law is all about. Family law regulates aspects concerning relations between family members, in particular, it provides rules for the control of legal procedures that are part of the family. It is able to separate this type of regulation into three sectors, which are considered to be the most important:
Marriage, they make up one of the most common regulations that exist when it comes to establishing this procedure. Rules such as its formation, economic regimes and the resolution of situations of alteration of this agreement, such as nullity or separation.
Guardianship contains the set of rules that establish the protection of minors or minors with incapacity who are not under parental authority.
Filiation establishes the legal regulations to which matrimonial filiation, extramarital filiation, adoption and parental authority are subject.
Now that we have a clear overview of what family law is all about, let us look at who is the person who is responsible for correctly applying the law, advising and solving problems related to this branch of law.
Functions of a family lawyer
The family lawyer can offer us a series of solutions to solve problems in the family sphere. He or she will advise and guide us in ways that will benefit us, avoiding frustration or misunderstanding between the parties.
He is the representative of our rights who will do everything in his power to find a viable solution, always through the law. The lawyer is a fundamental piece if you are in a situation that is not moving forward, he will be in charge of establishing the pertinent negotiations to avoid a trial in the first instance, in this way, the conflict will be solved in a faster way. If, however, litigation should be initiated, he or she will be able to defend your rights through the relevant law and reach a solution anyway.
Issues that a family lawyer deals with
Family law is a very broad field that offers regulation for many aspects of family life, but there are usually a number of recurring issues that occupy disputes in this area. For this reason, family lawyers usually deal with the resolution of this type of problems, let’s take a look at some of them.
The separations of couples who shared a marriage, involves the assistance of a lawyer to avoid mistakes when proceeding to the completion of the relevant procedures that may be involved.
In these cases, there are two types of divorces, there are the divorces of mutual agreement that deal with the separation of a valid marriage in a non-contentious way, without judgments to be concise.
On the other hand, there are contentious divorces, which provide for the breakdown of the marriage bond following a procedure in which a court must decide. This is because in principle, according to article 86 of the Civil Code, “Divorce shall be decreed judicially, whatever the form of celebration of the marriage, at the request of one of the spouses, of both, or of one with the consent of the other, when the requirements and circumstances stipulated in article 81 are met”. In these cases the parties do not reach a mutual agreement or with the situation that exists, it is not feasible to reach a mutual agreement and it is not possible to try to do so.
With the assistance of a lawyer, you will be able to put an end to this type of claim, with total peace of mind and being sure that the procedure, whatever form it takes, will be carried out effectively.
Wills and inheritance
This type of situation is highly complex and the intervention of a family lawyer can be very varied. First of all, the lawyer will have to study the particular case of each person, from here, he/she will be able to advise on the measures to be taken and establish a road map according to the case.
The most common problems concerning this issue are, for example, disputes related to the lack of a will. In these cases, the presence of a specialist lawyer who knows how to deal with this type of situation would be highly advisable, as very sensitive issues such as estate and inheritance are involved.
In order to avoid misunderstandings in estate matters, it is advisable to make a will beforehand and avoid difficult procedures. For this reason, the assistance of a specialist lawyer will provide you with advice and ways of approaching one of the most important procedures in our lives.
Professionals in family law
It is important to surround yourself with experienced professionals and specialists in the field, from Legal Boutique Ibiza we provide you with the right solutions through family lawyers, able to carry out procedures with high delicacy, taking into account the sensitivity in this type of branch and offering solutions that will provide great peace of mind to our clients. If you would like to find out more about this type of case, please contact us, we will be happy to help you.