Family law
A prosperous society is based on the family and its protection. Family Law provides you with the tools to protect your family and its members, so its foundations are solid and its purposes can be achieved.
At JLA Notarios we provide legal advice on marriage or civil partnerships; property aspects of the family through marriage contracts or civil partnership contracts; the moments when the family relationship is ended, in cases such as divorce or separation; and protection of vulnerable people, such as minors or people with modified capacity, through deeds of appointment of guardians or executors or creation of protected assets. We do all of this in a way that makes everyone involved feel equally supported and secure.
Marriages
An act in which two persons of the same or a different sex are united in marriage before a notary, based on their free and voluntary consent.
- ID card, foreigner identification number (NIE), passport or residence permit of the persons getting married.
- Copy of the marriage certificate issued by the Civil Registrar.
- Designation of at least two witnesses, along with their ID cards.
Domestic partnerships
A formal union of two persons, regardless of their sex, with the intention of cohabitating on a stable basis.
- ID card, foreigner identification number (NIE), passport or residence permit of the persons forming the union.
- Registration certificate.
- Designation of two witnesses, if both partners are foreigners.*
Si quiere conocer más sobre cómo tramitar pareja de hecho, tiene a su disposición nuestro blog notarial:
Marriage agreements and domestic partnership agreements
Any union, whether a marriage or a domestic partnership, produces a series of consequences in terms of property, whether expenses, asset management or the future organisation of the household. For this reason, it is advisable for the partners to sign an agreement before or after the union.
- ID card, foreigner identification number (NIE), passport or residence permit of the interested parties.
- If they wish, a list of the assets they want to keep separate and those that they want to share.
Si quiere más información sobre qué son las capitulaciones matrimoniales y de parejas de hecho, puede encontrarla en nuestro blog:
Separations and divorces
According to Act 15/2015, a couple whose marriage fails may separate without conflict, provided they have no underage or disabled children, by signing the separation or divorce before a notary and putting it on record along with the decisions they have taken of their own free will.
- ID card, foreigner identification number (NIE), passport or residence permit of the interested parties.
- They must come accompanied by a lawyer.
- They must provide the regulatory agreement with the decisions taken.
Dissolution of domestic partnerships
A deed of dissolution of a domestic partnership puts on record the breaking up of their union, in addition to reaching agreement on the distribution of their assets, as the case may be.
Choice of guardian
In the absence of parents, someone must protect the person and assets of minors or disabled children. To protect their children and stand in for them when they are no longer there, parents can designate a person to care for their children by granting a public deed.
- ID card, foreigner identification number (NIE), passport or residence permit of the interested party.
- The specific data of the person to be appointed as the guardian.
Emancipation
Through a deed of emancipation parents can confer on children aged over 16 the power to live and manage their assets as if they were of legal age, but limited to certain aspects due to questions of age.
Constitution of and contributions to protected assets
A contribution, by a notarial deed, of assets and rights in favour of a disabled person, allowing them to attend to their needs in life by means of those assets. In addition, it has a series of tax benefits.
Self-guardianship
Faced with the fear of becoming incapacitated, there is no-one better than the interested party to designate the person they wish to take care of them and their assets if they should become incapacitated. This notarial document aims to provide directives for the care of oneself in such cases.
- ID card, foreigner identification number (NIE), passport or residence permit of the interested party.
- The specific data of the person who will be appointed as their guardian.
Premarital agreement
A premarital agreement makes it possible to accredit that the future spouses fulfil the legal requirements to be married.
It is one of the few cases in which it is not possible to choose a Notary Public but only a Notary who is located in the place of residence of the parties. In places with various Notaries Public, for instance, Barcelona, the Association of Notaries Public of the Autonomous Community appoints the Notary responsible for processing each file.
This file follows the double notarial acts system.
- Documents that identify the future spouses.
- Documents that identify two witnesses who must go to the Notary’s Office to sign the agreement.
- Census registration certificates of the spouses.
- Birth certificates of the spouses.
These documents allow JLA Notarios to formalise your premarital agreement, provided that we have been designated by the Association of Notaries Public of Catalonia.
