Family law
Since the emergence of the New Civil Code in 2009, family law has existed as a separate branch of law only in the doctrine, because the family code has been included in the Civil Code.
Services
- Legal advice
- Writing actions
- Legal assistance and representation in lawsuits by:
Frequent requests
- Divorce
- Sharing
- Alimony
- Commitment to raising and educating minor children
- Establishing or delaying the paternity of the child in marriage or outside it
- Establishing a minor visitation program
- Substitution of parent agreement
- Decay of parental rights
Divorce
In the case of a divorce process we have three situations: the agreement of the husbands, because of or for the separation of more than 2 years.
In the first case, the agreement can be given in front of the notary or civil status officer, but if the defendant does not want to participate, he can be represented by a lawyer, and if the applicant can NOT show up for reasons of: health, is detained or is not in the country it can be represented by a lawyer proving the factual situation in which it is written.
In the case of the dissolution of the marriage due to one of the spouses, it is necessary to introduce a request for trial in the court with the evidence by evidence of the sustained ones.
In case of separation in fact more than 2 years, it can be proved by any means of proof in court.
Settlement
Following the divorce if there are common assets, they must be shared by the contribution share of each spouse. Solidarity credits cannot be divided, as well as their own assets obtained before marriage or through: donation, inheritance, etc.
The existence of the goods must be proved by documents. The agreement can be made to the notary, but if the spouses do not agree on the quotas can be settled by the court.
Alimony
One of the spouses may propose an amount, and the other may accept it in front of the notary or before the court. But when the parties cannot establish the maintenance pension alone, the judge intervenes by setting a sum up to a maximum of 1/4 of the income of the defendant depending on the needs of the minor and the situation of the debtor spouse. This is a right that cannot be waived, because it is a benefit of the minor, parents cannot give up something that is not theirs.
Establishing or delaying the paternity of the child in marriage or outside it
In the NCC compared to the old civil code, this action is no longer prescriptible in time. The mother, father or child can bring this action at any time. The most common situation is when the undocumented mother has a child with a man in a new relationship.
The negligence of the people to delay the divorce procedure from: comfort or costs leads to writing on the birth certificates of some children the name of the current husband of the mother instead of the biological father. This is because of the presumption of paternity, it is assumed that the husband is the father of the child.
The procedure is long and quite expensive due to the paternity test performed at the INML, other tests are not taken into account from different private clinics.
Establishing a minor visitation program
The husband who does not live with the minor has the right to maintain a relationship with him through regular visits. There is no legislation to regulate the establishment of the visitation program but the parents or the court will fix a program in the best interest of the child.
Substitution of parent agreement
In case one of the parents does not agree on: leaving the child from the country, enrolling in certain courses or curricular activities, etc., his agreement can be replaced by a court decision.
Decay of parental rights
There are some exceptional situations in which one of the parents may be deprived of rights: the parent endangers the life, health or development of the child by the ill treatments applied to it, by the consumption of alcohol or narcotics, by abusive behavior, by gross negligence in fulfilling the parental obligations or by seriously affecting the best interests of the child.
Decay of rights does not exempt the parent from the child’s growth obligations.