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Interim measures that ought to be taken a divorce procedure in Spain

During a divorce in Spain, several items generally involve legal judgment, and so while the divorce is occurring, spouses have to take all pertinent actions to defend their interests, both economic and personal.

The most important interim measures that should be taken during a divorce involve the following: 

1. CUSTODY OF CHILDREN: the legal system these days is very prone to grant joint custody, as it is generally thought to be better for the child’s interests and at the same time protects parents’ rights towards their children, as time they get to spend with their children is equally distributed. However, in other occasions shared custody is not a possibility, for example if they live 100 kilometers apart, then a shared custody regime that entails being with the child every fifteen days would be chaotic and difficult. 

2. RELATIONSHIP, VISITATION AND COMMUNICATION REGIME: If a shared custody is not agreed, a relationship, visitation and communication regime must be established between the parent who does not have custody and the child (the popular visitation regime), because this is a right both parents have. This regime will depend on several factors (father or mother's work activity, school hours, extracurricular activities, etc.). It is safe to say, by standard practice, that the most usual regime of relations, visitation and communication, whenever possible, would be that of alternate weekends and one or two week days. 

3. ALIMONY: The payment of this pension by the non-custodial parent entails the latter's contribution to the food, housing, training, health, clothes etc., of the child. In order to determine the amount of alimony, the principle of proportionality will be governed by the economic capacity of the non-custodial parent and the needs of the child. On the other hand, it is expressly mentioned that in the case of establishing a shared custody, this does not imply that either parent does not have the duty to pay alimony, as it will depend on the economic capacity of the parents.

4. USE OF DWELLING: It is usually established who is allowed use of the dwelling until the children move-out or have sufficient economic independence. In cases of homes of a large size (houses or very large flats), it is sometimes possible to separate them. In cases of absence of children or in cases where they have reached the age of adulthood and are economically independent, a limitation of temporary use shall be established based on the needs of each spouse.

5. HOUSEHOLD ITEMS ADJUSTMENT: It should also be legally determined who owns what the dwelling contains, although there are cases in which one of the spouses has a special interest for one specific item, usually for their sentimental value.

6. COMPENSATORY PENSION AND THE ECONOMIC PENSION: In order to determine if any of these pensions are applicable, the particularities of each case will be considered, taking into account the standard of living up to that moment, as well as the initial and current assets of the spouses.


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Buenas tardes, una consulta estoy haciendo tbc puedo salir del pais, o es posible que me detengan en el aeropuerto?? Gracias

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AOB Abogados


Buenos días Ana,

Por el mero hecho de haber sido condenado a realizar trabajos en beneficio de la comunidad, no tiene porqué implicar que no pueda salir de territorio nacional.

Para no poder salir de territorio nacional debería existir una prohibición expresa en la sentencia o auto de medida cautelar. Si no es así, es libre de poder viajar sin perjuicio de su obligación de cumplir con los TBC en las fechas acordadas.

Un saludo