Criminal litigation in Spain, lawyer solicitor


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Criminal litigation in Spain, lawyer solicitor

The Court has, however, always in compliance with the requirements in the application and the applicable law, a detailed attention and care aspect of custody and maintenance of children. This is the control on compliance and compatibility of separation agreements the law then the so-called approval is a process that develops and office marks the last stage of separation by mutual consent, gives full effect to the separation agreements.

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When the agreement of the spouses regarding the custody and maintenance of children is in conflict with the interests of these, the court reconvene the couple giving them the changes to be taken in the interests of children and, in the case of unsuitable solution, state may refuse the approval.


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The time that elapses between the filing of the application and the approval of the Court for a consensual separation is about 3-7 months, compared to a much longer period to reach a kind of judicial separation. In the case of judicial separation time can be further extended by an appeal or appeal in cassation.


After three years from the appearance date of the spouses before the President of the Court, the procedures for obtaining a divorce can start. In this case the choice is of divorce joint, then shortens considerably the time of the procedure.

The separation of such proceedings may be requested, when they occur, even beyond the control of either or both spouses facts making it intolerable the continued cohabitation or would be seriously prejudicial to the education of children.

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