When a couple with younger children decides to start a divorce in Spain, the coexistence of a life in common is broken. In addition, there is a great dilemma about how to deal with this new life without harming children who need to be protected as much as possible.


Each family is different and so will every rupture of the family environment. In this case, an agreement between parents will be fundamental to the common good. When facing with a divorce in Spain, it is necessary for both parents to reach an understanding. Above all, as we have said before, this is made for the sake of minors and their rights, which will prevail.


For reaching this goal, from Welex, lawyers specialized in divorce in Spain, we explain a way by which this process can be carried out:


One of them is single-parent or exclusive custody


Divorce in Spain

As the name suggests, the usual custody of minors in Spain is granted to one of the parents, who becomes the custodian parent.


This custody implies the capacity of the custodian parent for the performance of parental authority, being in the right conditions to carry out this exercise.


For this matter, custodian parent in Spain must have a property in any regime, whether for rent or property, in order to carry out that guard of the child. In addition, that property must meet the necessary conditions for the child correct development.


Single-parent custody following a divorce in Spain also entails the right and obligation of the other parent to relate and visit their children.


The visitation regime in Spain during a divorce in Spain


In order to guarantee this right, which belongs not only to parents but also to minors, since they must have a parental or maternal reference of the non-custodian parent in order to reach a full development, a visitation regime is established. This visitation regimen can be carried out with or without overnight stays. That is, the minor may or may not sleep in the house of the non-custodian parent.


The visitation regime shall be reflected in a regulatory agreement detailing the time that the non-custodial parent will spend with the child. This visitation regime after a divorce in Spain may take place during weekends or holiday periods, wither overnight or not at the property of the non-custodial parent.


From Welex, our lawyers specialized in divorce in Spain with younger children recommend that the overnight stay must be started early, so that the new situation is assumed by minors in a natural and daily way. The exception to this situation would be if young children are nursing, as they have a number of biological needs that can be better met by the mother.


The visitation regime after a divorce in Spain may vary depending on what each party can contribute to the care of minors. The ordinary way is that the child stays with the non-custodial parent during alternate weekends with a few hours on weekdays. In addition, it is usual to establish a regime with half of the holiday periods divided between the two parents, including Easter, White Week, Christmas and summer holidays.


Do not hesitate to contact our law firm in Spain for any queries related to a divorce process in Spain.