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Civil

Personal and property relationships can be complex and, in many cases, require a solid legal backing to ensure security and peace of mind.

At Echeverría Farriols Lawyers & AssociatesWe understand the importance of each situation and offer a close and personalised accompanimentensuring that every step you take is backed by the best legal strategy.

We know that dealing with divorce, family conflict or drafting a contract can be overwhelming.

That is why, we guide you with clarity, defend you firmly and accompany you in every important decision.

A team by your side, every step of the way

We listen to you, advise you and accompany you in every legal decision you have to make.

We avoid unnecessary conflicts, opting for mediation and the prevention of problems.

We defend your interests in every process, with a solid and humane legal approach.

We make sure you understand every step of the procedure, without confusing technicalities.

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MARRIAGE

TYPES OF MARRIAGE IN SPAIN

Civil Marriage

  • It is celebrated before a judge, mayor or civil registrar or notary.
  • It is the most common and has full legal effect in terms of rights and obligations.
  • It is registered in the Civil Registry and is valid in Spain and abroad.

2. Religious Marriage

  • It can be celebrated under different denominations (Catholic, Evangelical, Jewish, Muslim, etc.).
  • In the case of a Catholic marriage, it has civil effects if it is registered in the Civil Registry.
  • Other religions with agreements with the state can have civil effects if they meet the requirements.

3. Consular Marriage

  • It is held before a consular official of another country in Spain or at a Spanish consulate abroad.
  • It must comply with the legislation of the country where it is carried out and, where applicable, with Spanish legislation.

4. Domestic Partnership
(It is not a marriage, but in some communities it grants similar rights.)

  • It is registered in the register of common-law unions of each autonomous community.
  • It can give access to rights such as Community residence for foreigners.

REQUIREMENTS TO GET MARRIED IN SPAIN

  • Be of legal age or be at least 16 years old with judicial authorisation.
  • Not be previously married (single status or divorce certificate must be presented if applicable).
  • Not being directly related to the partner (parents and children, grandparents and grandchildren, siblings).
  • Marriage file approved by the registry office or notary's office.
  • In case of foreigners:
    • Certificate of single status, registration and birth.
    • Valid passport or NIE.
    • In some cases, certificate of matrimonial capacity from the country of origin.

PROCEDURES TO GET MARRIED IN SPAIN

1. Initiate the matrimonial proceedings

  • The application is submitted to the registry office, town hall or notary's office.
  • The required documents are provided and a personal interview is conducted to verify that there is no fraud.

2. Publication of edicts (in some cases)

  • The marriage is announced in the town hall of the domicile of the bride and groom to allow for objections.

3. Resolution of the file

  • If everything is correct, the Civil Registry or notary's office authorises the celebration of the marriage.

4. Celebration of the marriage

  • The ceremony is performed before the relevant official.
  • The marriage certificate is signed and then registered at the registry office.

5. Registering and obtaining a marriage certificate

  • Once registered, the marriage certificate is obtained, which is necessary for legal procedures and, in the case of foreigners, to apply for residency or Spanish nationality.

WHY IS MARRIAGE IMPORTANT?

✔Recognises legal rights in the event of separation or death.

✔ Facilitates residence and nationality for foreigners married to Spaniards.

✔ It establishes clear rules on assets and economic responsibilities.

DIVORCE

WHAT IS IT?

It is the legal process by which dissolves the marriageterminating the rights and obligations between the spouses.

REQUIREMENTS

  • Mutual agreement o contentious (if one party does not agree).
  • Regulatory agreement in case of mutual agreement.
  • Judicial decision in case of contentious divorce.

PROCEDURES

  1. Filing of the application with the Family Court.
  2. Ratification of the regulatory agreement (if mutually agreed).
  3. In contentious divorce: trial and judgment.
  4. Registration of the divorce in the Civil Registry.

PARENTAL MEASURES

WHAT IS IT?

These are the rules governing the rights and duties of parents with respect to their children in cases of separation or divorce.

REQUIREMENTS

  • Proof of the link of paternity or maternity.
  • Submission of proposal for measures on custody, visiting rights, maintenance, parental responsibility, child support.

PROCEDURES

  1. Presentation of the demand for measures before the Family Court.
  2. Evaluation by the judge and the Public Prosecutor's Office.
  3. Judgment with the establishment of the measures.

MODIFICATION OF MEASURES

WHAT IS IT?

It is the process for change the measures laid down in a judgment divorce or parental measures.

REQUIREMENTS

  • Substantial change of circumstancessuch as a change of employment, new residence or the needs of the child.
  • Documentation proving the change.

PROCEDURES

  1. Filing of an application for modification of measures before the Family Court.
  2. Provision of evidence to justify the change.
  3. Judgment of the judge accepting or denying the modification.

URGENT MEASURES

WHAT IS IT?

These are provisional measures adopted by a judge to protect a person in situations of risk (gender violence, minors at risk, economic emergencies).

REQUIREMENTS

  • Existence of a emergency situation.
  • Sufficient evidence or indications of risk.

PROCEDURES

  1. Submission of the application to the Duty Court.
  2. Immediate resolution by the judge with temporary measures.
  3. Case evaluation and follow-up.

EXEQUATUR

WHAT IS IT?

It is the judicial procedure for recognising and enforcing in Spain foreign judgementssuch as divorces or custody orders.

REQUIREMENTS

  • The foreign judgment must be firm and final.
  • It must not contradict the Spanish public order.
  • Official translation and Hague Apostille.

PROCEDURES

  1. Filing of the application for exequatur with the High Court of Justice.
  2. Review of the compatibility of the judgment with Spanish law.
  3. Court decision granting or refusing recognition.

CONTRACTS

WHAT IS A CIVIL CONTRACT?

A civil contract is a legal agreement between two or more persons whereby the following are established rights and obligations on a specific issue. It is governed by the Civil Code and may be concluded verbally or in writing, although it is recommended that it is in writing for greater legal certainty.

WHAT ARE THEY FOR?

Civil contracts have multiple functions in people's daily lives. They serve to:

  • Regulating economic and personal relationsThe Commission's proposal for a new EU strategy for the future, setting out clear terms.
  • Guaranteeing rights and responsibilities between the parties involved.
  • Avoiding conflicts and misunderstandings by recording the agreement in writing.
  • Legally protecting the parties in the event of non-compliance.
  • Facilitating legal claims in the event that one of the parties does not comply with the agreement.

MAIN FEATURES ON A DAY-TO-DAY BASIS

-Freedom of pact

  • The parties may agree on whatever they deem appropriate, provided that it is not contrary to law, morality or public policy.

-Bilateral or unilateral

  • Bilateral: Both parties assume obligations (e.g. contract of sale).
  • Unilateral: Only one party has obligations (e.g. a donation).

-Variable formality

  • Some contracts can be concluded verbally, but it is advisable to conclude them verbally. in writing to avoid future problems.

-Clear obligations

  • The following are established rights and duties of each party, as well as the terms and conditions.

-May require witnesses or notary

  • In certain cases, for greater legal certainty, it may be possible to sign before a notary or include witnesses.

MAIN FEATURES ON A DAY-TO-DAY BASIS

  • Lease agreement: To rent a property or premises.
  • Contract of sale: For the purchase or sale of goods such as cars or property.
  • Loan contract between private individuals: For lending money between family or friends.
  • Contract for the provision of services: To hire professionals such as lawyers, designers, among others.
  • Donation contract: To transfer property from one person to another without consideration.

If you need advice on family, contract or estate matters, we are here for you. Let's talk and move forward together. 

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