Frequently asked questions

No. You can judicially request the divorce without your consent. Generally, three months must have passed since the marriage, with exceptions due to risk.

Civil Code · Article 81 (opens in a new tab) · Article 86 (opens in a new tab)

No. Divorce can be requested directly without prior separation, meeting the legal requirements.

Civil Code · Article 86 (opens in a new tab)

No. Divorce does not require proving culpable conduct on the part of the other spouse. Only one person can request it.

Civil Code · Article 86 (opens in a new tab)

Yes, in certain cases by mutual agreement and with the assistance of a lawyer. This route is not applicable when there are non-emancipated minor children or other children in the support situations provided for legally.

Civil Code · Article 82 (opens in a new tab) · Article 87 (opens in a new tab)

No. It suspends life together, but it does not dissolve the marriage. Divorce does dissolve it.

Civil Code · Article 83 (opens in a new tab) · Article 85 (opens in a new tab)

In the dictionary: legal separation

Depending on the case: measures regarding children, maintenance, family housing, pets, liquidation of the economic regime and possible spousal maintenance.

Civil Code · Article 90 (opens in a new tab)

In the dictionary: agreement

No. You can reject agreements that are harmful to the children or seriously harmful to one of the spouses. It must also protect the well-being of companion animals.

Civil Code · Article 90 (opens in a new tab)

The application must be accompanied by certification of marriage, birth certificates of children when applicable, and a proposal for a divorce settlement agreement. Documents supporting financial or family requests must also be provided. The specific documentation depends on the measures requested.

Source: Civil Procedure Law, art. 777 (opens in a new tab)

In the dictionary: divorce by mutual agreement

Yes, in the mutual agreement procedure they can act with a single defence and representation. If the agreement breaks down or a conflict of interest arises, how each party's assistance will continue should be reviewed; Sharing professionals does not require you to accept conditions with which you do not agree.

Source: Civil Procedure Law, art. 750 (opens in a new tab)

As a general rule, yes. Marriage proceedings require a lawyer and attorney. There are exceptions for certain initial actions, such as the request for interim measures prior, but to continue the procedural intervention, the assistance provided by law is necessary.

Source: Civil Procedure Law, art. 750 (opens in a new tab) · Civil Procedure Law, art. 771 (opens in a new tab)

If someone does not ratify the request, that consensual procedure is archived. This does not prevent the later promotion of divorce through contentious channels. It is important to distinguish the signing of a draft or agreement from the ratification required in the judicial process.

Source: Civil Procedure Law, art. 777 (opens in a new tab)

Older or emancipated children must give their consent before a notary regarding the measures that affect them when they do not have their own income and live together in the family home. It is not enough to check that everyone has turned eighteen years old: the remaining legal conditions of this route must also be reviewed.

Source: Civil Code, art. 82 (opens in a new tab) · Civil Code, art. 87 (opens in a new tab)

Yes, exceptionally, when the legally foreseen risk to the life, integrity, freedom or other protected assets of a spouse or children is proven. It is not a general exception due to disagreement or a brief coexistence: the specific case must be examined.

Source: Civil Code, art. 81 (opens in a new tab) · Civil Code, art. 86 (opens in a new tab)

No. Reconciliation after divorce does not have this effect, although ex-spouses can remarry each other. It is different from reconciliation during a separation, which has its own regulation and must be communicated or formalized accordingly.

Source: Civil Code, art. 84 (opens in a new tab) · Civil Code, art. 88 (opens in a new tab)

Yes, prior interim measures can be requested in the cases provided by law. Its continuity is linked to presenting the claim within the legal period after its adoption. The child protection measures of article 158 have their own purpose and regulation, so it is advisable to identify which one is needed.

Source: Civil Code, art. 104 (opens in a new tab) · Civil Code, art. 158 (opens in a new tab) · Civil Procedure Law, art. 771 (opens in a new tab)

In the dictionary: civil claim

Yes. The claim may include a request for interim measures to order the situation while the process is being processed. The requested measures and their justification must be specified. What is provisionally agreed upon does not allow us to simply anticipate the content of the final ruling.

Source: Civil Procedure Law, art. 773 (opens in a new tab)

Mediation should not be confused with prior negotiating activity. The law provides for various appropriate means of dispute resolution and establishes exceptions to the negotiation requirement, including certain measures for the protection of minors. The matter and the procedural route must be checked before deciding what prior action is appropriate.

Source: Organic Law 1/2025, art. 3 (opens in a new tab) · Organic Law 1/2025, art. 5 (opens in a new tab) · Civil Code, art. 158 (opens in a new tab)

No. Custody decisions must take into account the best interest of the minor, without automatic attribution by sex.

Civil Code · Article 92 (opens in a new tab)

In the dictionary: custody

Yes. It can be included in the proposed agreement, but it must be assessed according to the best interests of the children and family circumstances.

Civil Code · Article 92 (opens in a new tab)

In the dictionary: shared custody

No. It can be agreed judicially at the request of one of the parents, with the legal requirements and on the grounds that it adequately protects the interest of the minor.

Civil Code · Article 92 (opens in a new tab)

They have the right to be heard according to their maturity. Your opinion should be valued, but it does not replace the decision that should be made based on your interest.

Civil Code · Article 92 (opens in a new tab) · Article 154 (opens in a new tab)

The modification of your habitual residence requires the consent of both parents or judicial authorization, in the terms of the exercise of the parental responsibility.

Civil Code · Article 154 (opens in a new tab)

When both exercise parental responsibility and there is disagreement, anyone can go to the judge to attribute the power to decide to one of them.

Civil Code · Article 156 (opens in a new tab)

Not necessarily. They are different issues. Sole custody does not in itself imply that the other parent loses his or her parental powers and responsibilities.

Civil Code · Article 92 (opens in a new tab) · Article 156 (opens in a new tab)

In the dictionary: Sole custody

Yes. The judicial authority can do so when relevant circumstances or serious or repeated breaches of judicially established duties occur.

Civil Code · Article 94 (opens in a new tab)

In the dictionary: contact arrangements

Yes. The Civil Code excludes joint custody in certain criminal proceedings and when the judge sees well-founded indications of domestic or gender-based violence. The specific case must be examined.

Civil Code · Article 92 (opens in a new tab)

In the dictionary: gender-based violence

When both parents exercise parental responsibility, an important school decision must be addressed in accordance with that joint exercise. If there is disagreement, you can request that the judicial authority grant you the power to decide. Having custody does not mean, by itself, being able to decide everything about education.

Source: Civil Code, art. 154 (opens in a new tab) · Civil Code, art. 156 (opens in a new tab)

The Civil Code contemplates that a parent can carry out acts in situations of urgent need. The real urgency and the existing measures must be addressed, trying to inform the other as soon as possible. An emergency does not make all subsequent health decisions unilateral.

Source: Civil Code, art. 156 (opens in a new tab)

Yes. Personal relationships with grandparents and other relatives or close friends cannot be prevented without just cause. If there is opposition, the judge will decide according to the circumstances, protecting the minor and preventing this relationship from serving to circumvent restrictions established with respect to a parent.

Source: Civil Code, art. 160 (opens in a new tab)

The Civil Code orders that siblings be not separated when agreeing to joint custody. The decision requires assessing your interest and family circumstances; It cannot be reduced to a distribution of times that ignores the link between them.

Source: Civil Code, art. 92 (opens in a new tab)

The organization must be specified in the agreement or resolution taking into account the interest of the children. The expression shared custody, isolated from this content, does not allow us to deduce an exact calendar. Weeks, holidays, schedules and deliveries must be reviewed as they have been agreed or set.

Source: Civil Code, art. 90 (opens in a new tab) · Civil Code, art. 92 (opens in a new tab)

There is no universal calendar in the Civil Code linked exclusively to that age. The measures must address the interest of the child and his or her care needs. maintenance, routines, bonds and availability must be explained concretely, without turning a guideline proposed for another family into an automatic rule.

Source: Civil Code, art. 92 (opens in a new tab) · Civil Code, art. 94 (opens in a new tab) · Law on Legal Protection of Minors, art. 2 (opens in a new tab)

The exercise of parental responsibility admits acts of a parent in accordance with social usage and circumstances, in addition to those carried out with the consent of the other. The everyday must be distinguished from transcendent decisions and the agreement, the resolutions and the needs of the child must be respected.

Source: Civil Code, art. 156 (opens in a new tab)

This organization may be proposed within the agreement if it meets the needs of the child. It is important to specify what happens on days without classes, vacations or incidents. The chosen location must be compatible with current resolutions, including possible prohibitions on approach or communication.

Source: Civil Code, art. 90 (opens in a new tab) · Civil Code, art. 94 (opens in a new tab)

Yes. The resolution can determine the time, manner and place of the relationship, including communication. It is advisable to propose a guideline compatible with school schedules, rest and age. The purpose is to facilitate the child's bond, not to establish continuous control over the other home.

Source: Civil Code, art. 94 (opens in a new tab)

The execution of the resolution can be requested. Repeated non-compliance may give rise to coercive measures and, when appropriate in accordance with the best interests of the minor, a modification of the regime. They do not authorize responding by failing to pay alimony or failing to comply with other obligations.

Source: Civil Procedure Law, art. 776 (opens in a new tab)

The regime should not be unilaterally modified due to an economic disagreement. Non-payment and non-compliance with stays must be raised through the corresponding channels. If there is a risk for the minor, the appropriate protection measures must be requested, without confusing it with a sanction for non-payment.

Source: Civil Code, art. 94 (opens in a new tab) · Civil Code, art. 158 (opens in a new tab) · Civil Procedure Law, art. 776 (opens in a new tab)

The residence of the adult must be distinguished from that of the minor. The change of habitual residence of the child is subject to the rules of parental responsibility. If the transfer of the parent affects the stays or other measures, it is advisable to study their adaptation through the corresponding channel.

Source: Civil Code, art. 154 (opens in a new tab) · Civil Procedure Law, art. 775 (opens in a new tab)

Yes. Among the protection measures provided by law are the prohibition of departure without judicial authorization, the prohibition of issuing a passport or its withdrawal, and subjecting changes of address to judicial authorization. Its adoption requires assessing the situation and the protection that the child needs.

Source: Civil Code, art. 158 (opens in a new tab)

It is advisable to specify destination, dates, accommodation, travel and contact information, along with existing family resolutions. If the conflict affects a decision included in parental responsibility, it can be raised judicially. It should not be assumed that the vacation calendar alone resolves all travel requirements.

Source: Civil Code, art. 156 (opens in a new tab) · Civil Code, art. 158 (opens in a new tab)

It does not in itself imply an automatic modification. If it is requested to review the measures, the circumstances relevant to the children and the alleged changes must be explained. The assessment focuses on your interest and the functioning of the family organization, not on approving or censoring the new relationship.

Source: Civil Code, art. 92 (opens in a new tab) · Civil Code, art. 90 (opens in a new tab) · Civil Procedure Law, art. 775 (opens in a new tab)

The minor's freedom of belief must also be respected. When both exercise parental responsibility and there is a relevant disagreement, a solution must be studied in accordance with this joint exercise and the interest of the child. It is not only about the convictions of the parents.

Source: Law on Legal Protection of Minors, art. 6 (opens in a new tab) · Civil Code, art. 156 (opens in a new tab)

Minors have their own rights to honor, privacy and their image. The publication must respect these rights and the exercise of parental responsibilities. Family consent does not allow dissemination contrary to the interest of the minor; If there is a conflict, it should be resolved before disclosing the content.

Source: Law on Legal Protection of Minors, art. 4 (opens in a new tab) · Civil Code, art. 154 (opens in a new tab) · Civil Code, art. 156 (opens in a new tab)

No. An adult may need support to exercise their legal capacity. They must adjust to your needs and respect your will, desires and preferences. Support is not equivalent to automatically maintaining custody or parental responsibility of a minority.

Source: Civil Code, art. 249 (opens in a new tab) · Civil Code, art. 250 (opens in a new tab)

No. It includes needs such as accommodation, clothing, medical assistance and education, with the scope provided by law.

Civil Code · Article 142 (opens in a new tab)

Not necessarily. The contribution must be adjusted to the financial means of each person and the needs of the children.

Civil Code · Article 93 (opens in a new tab) · Article 146 (opens in a new tab)

No. The Civil Code does not establish a single rate: it depends on the needs of the person receiving the maintenance and the means of the person who must provide it.

Civil Code · Article 146 (opens in a new tab)

No. The age of majority does not in itself extinguish the right to maintenance. Your economic situation, training and other legal circumstances must be assessed.

Civil Code · Article 93 (opens in a new tab) · Article 142 (opens in a new tab)

Yes. Alimony can include training after reaching the age of majority when it has not ended for a reason that is not attributable to you.

Civil Code · Article 142 (opens in a new tab)

Yes, its modification can be requested when the legally required circumstances occur. Judicial measures should not be changed unilaterally.

Civil Code · Article 90 (opens in a new tab) · Article 91 (opens in a new tab)

No. The distribution of care does not eliminate the need to assess the means of each parent and the needs of the children. The agreement or resolution must specify the contributions and expenses assumed by each one; The name of the custody regime is not enough.

Source: Civil Code, art. 93 (opens in a new tab) · Civil Code, art. 145 (opens in a new tab) · Civil Code, art. 146 (opens in a new tab)

The payment system established in the agreement or resolution must be complied with. The vacation stay does not in itself authorize the deduction of a monthly payment. To understand what expenses are spread throughout the year, you must review the entire agreement, not just the visit schedule.

Source: Civil Code, art. 90 (opens in a new tab) · Civil Code, art. 93 (opens in a new tab) · Civil Code, art. 148 (opens in a new tab)

The established form of compliance should not be unilaterally replaced. An additional purchase is not necessarily equivalent to payment of the monthly payment. To avoid discrepancies, the pension, specifically assumed expenses and any voluntary contributions must be distinguished.

Source: Civil Code, art. 90 (opens in a new tab) · Civil Code, art. 93 (opens in a new tab) · Civil Procedure Law, art. 776 (opens in a new tab)

The formula and date provided in the agreement or resolution must be applied. The Civil Code contemplates establishing updating bases, but does not allow it to be assumed that all agreements use the same index or period. It is advisable to preserve the calculation and the reference used.

Source: Civil Code, art. 90 (opens in a new tab)

An expense should not be classified solely because it is healthcare. First you have to check the agreement or resolution, its provision, coverage and conditions. If an extraordinary expense is not expressly foreseen and it is intended to be executed, the law provides for a prior declaration of its extraordinary nature.

Source: Civil Code, art. 90 (opens in a new tab) · Civil Procedure Law, art. 776 (opens in a new tab)

In the dictionary: extraordinary expenses

This obligation should not be presumed without reviewing the existing measures and the enforceable agreement on the activity and its cost. The distribution may be different from half. It is important to differentiate the educational decision, the financial consent and the way of claiming a disputed expense.

Source: Civil Code, art. 156 (opens in a new tab) · Civil Code, art. 90 (opens in a new tab) · Civil Procedure Law, art. 776 (opens in a new tab)

It brings together the title that establishes the obligation, the monthly payments claimed, the updates and bank transactions. Separate partial payments, expenses and amounts already seized to avoid duplication. Execution must be based on identified obligations and quantities, not on a global figure without a breakdown.

Source: Civil Procedure Law, art. 517 (opens in a new tab) · Civil Procedure Law, art. 549 (opens in a new tab) · Civil Procedure Law, art. 776 (opens in a new tab)

No. A study must be made variation of family court orders and, if appropriate, request a provisional adaptation. The evolution of the child's income and needs must be documented. Submitting the request does not mean that the reduction has already been agreed.

Source: Civil Procedure Law, art. 775 (opens in a new tab) · Civil Code, art. 147 (opens in a new tab)

There is no automatic reduction for the mere change of employment situation. The resulting income must be valued, the rest of resources and the needs of the children through the corresponding procedure. The current resolution continues to be the reference as long as it is not modified.

Source: Civil Code, art. 146 (opens in a new tab) · Civil Code, art. 147 (opens in a new tab) · Civil Procedure Law, art. 775 (opens in a new tab)

The conditions for ending maintenance and the terms of the current court order or agreement must be examined. Occasional income does not automatically amount to financial independence. If the parties disagree, a variation or termination should be sought through the appropriate procedure, without unilaterally anticipating the outcome.

Source: Civil Code, art. 93 (opens in a new tab) · Civil Code, art. 152 (opens in a new tab) · Civil Procedure Law, art. 775 (opens in a new tab)

It should be reviewed who appears as the recipient and how payment is ordered in the agreement or resolution. The age of majority does not in itself authorize changing this form of compliance. If coexistence and dependency have changed, it is also advisable to order the corresponding measures.

Source: Civil Code, art. 93 (opens in a new tab) · Civil Code, art. 90 (opens in a new tab) · Civil Procedure Law, art. 775 (opens in a new tab)

Yes. The law allows for the adoption of guarantees and measures to ensure the benefit, especially when minors are affected. The specific measure depends on the title, the urgency and the financial circumstances. It must be requested in a justified manner, without presuming that any embargo or guarantee will be agreed.

Source: Civil Code, art. 90 (opens in a new tab) · Civil Code, art. 148 (opens in a new tab) · Civil Code, art. 158 (opens in a new tab)

Yes. Ownership and attribution of use are different issues. With minor children, your situation is decisive.

Civil Code · Article 96 (opens in a new tab)

It may apply if the breakup produces the economic imbalance legally provided for. Family dedication is a relevant factor.

Civil Code · Article 97 (opens in a new tab)

The difference in income, by itself, does not determine that right: the imbalance caused by the break must be assessed.

Civil Code · Article 97 (opens in a new tab)

Yes. Use may be temporarily attributed to the non-owning spouse when circumstances warrant it and his or her interest is the most in need of protection.

Civil Code · Article 96 (opens in a new tab)

No. It can be established for a certain time, for an indefinite period or as a one-time benefit, depending on the agreement or the sentence.

Civil Code · Article 97 (opens in a new tab)

Yes, when there are alterations in the economic situation of one or the other spouse that advise it. The corresponding modification must be processed.

Civil Code · Article 100 (opens in a new tab)

Remarriage is a legal cause for termination. It is also living maritally with another person; the existence of this coexistence may require test.

Civil Code · Article 101 (opens in a new tab)

No. The right of family use and ownership are different issues. The resolution or agreement must be examined together with the title of the property. Receiving use is not, by itself, equivalent to acquiring the other owner's interest.

Source: Civil Code, art. 96 (opens in a new tab) · Civil Code, art. 348 (opens in a new tab)

In the dictionary: use of the home

An agreement between spouses does not in itself release a debtor from the bank. The replacement of a debtor requires the consent of the creditor. The internal distribution of payments and the obligations that continue to derive from the loan must be separated.

Source: Civil Code, art. 1205 (opens in a new tab) · Civil Code, art. 1257 (opens in a new tab)

The agreed measures and the nature of each expense must be checked. Everyday use, ownership and obligations to suppliers, community or bank can raise different questions. It is not advisable to group all receipts as if they necessarily had the same obligation.

Source: Civil Code, art. 90 (opens in a new tab) · Civil Code, art. 96 (opens in a new tab) · Civil Code, art. 393 (opens in a new tab)

Attribution of use may impose limits on the provision. Article 96 requires, in the terms it regulates, consent of both spouses or judicial authorization to dispose of the home whose use has been attributed. The ownership and registration status must also be reviewed.

Source: Civil Code, art. 96 (opens in a new tab)

No. The leasing situation does not eliminate the need to organize the home upon breakup. Family measures and the contract must be reviewed; The agreement between the spouses does not by itself resolve all the requirements for continuity or change of the lease.

Source: Civil Code, art. 90 (opens in a new tab) · Civil Code, art. 96 (opens in a new tab)

Yes. It can be replaced by a life annuity, a usufruct on certain goods or the delivery of capital in goods or money. It is important to specify its scope and distinguish this substitution from other property distributions.

Source: Civil Code, art. 99 (opens in a new tab)

It is not extinguished by that fact alone. The Civil Code provides that heirs may request its reduction or elimination in certain circumstances related to the estate and their rights. The title and status of the inheritance must be studied.

Source: Civil Code, art. 101 (opens in a new tab)

Yes, the spouse in good faith whose marriage is declared void has the right to compensation if there has been marital cohabitation, taking into account the legally provided circumstances. It should not be confused with divorce spousal maintenance or with automatic compensation for any breakup.

Source: Civil Code, art. 98 (opens in a new tab)

As a general rule, inherited assets are exclusive to the person who receives them.

Civil Code · Article 1346 (opens in a new tab)

In the dictionary: marital

In the dictionary: inheritance

Yes, through marriage agreements in public writing. The change also requires studying the previous assets and their liquidation, when appropriate.

Civil Code · Article 1325 (opens in a new tab) · Article 1326 (opens in a new tab) · Article 1327 (opens in a new tab)

In the dictionary: separation of assets

As a general rule, the income obtained from work during the life of the company is marital, even if only one person collects it.

Civil Code · Article 1347 (opens in a new tab)

In community property, the inherited property is normally private, but the income it produces during the life of the company is, as a general rule, community property.

Civil Code · Article 1346 (opens in a new tab) · Article 1347 (opens in a new tab)

Both must contribute. Without an agreement, they will do so proportionally to their economic means; Domestic work is also counted as a contribution.

Civil Code · Article 1438 (opens in a new tab)

Yes. The Civil Code provides for compensation upon termination of the regime. Its origin and amount require analyzing the dedication and circumstances in accordance with judicial interpretation.

Civil Code · Article 1438 (opens in a new tab)

Yes. The agreement can regulate their care, coexistence times and expenses, taking into account the family interest and the well-being of the animal.

Civil Code · Article 90 (opens in a new tab)

The dissolution of the regime and the liquidation of its assets are not the same operation. The agreement may order liquidation when appropriate and operations may remain pending. It is advisable to identify which assets, debts and payments are maintained until the distribution is completed.

Source: Civil Code, art. 90 (opens in a new tab) · Civil Code, art. 95 (opens in a new tab) · Civil Code, art. 1396 (opens in a new tab)

You must collect your assets and liabilities in accordance with the applicable rules. It does not only consist of listing assets: there may also be debts, credits and reimbursements between assets. Each item must be identified and supported by documentation.

Source: Civil Code, art. 1396 (opens in a new tab) · Civil Code, art. 1397 (opens in a new tab) · Civil Code, art. 1398 (opens in a new tab)

In the dictionary: inventory

As a general rule, what belonged to a spouse at the beginning of the partnership is proprietary. However, subsequent payments, improvements or mixed financing acquisitions may require additional analysis. The purchase date alone does not resolve all possible trade-offs.

Source: Civil Code, art. 1346 (opens in a new tab) · Civil Code, art. 1358 (opens in a new tab)

The Civil Code contemplates acquisitions made with funds from both sources and rules of attribution and reimbursement. The agreement of the spouses, the acquisition title and the traceability of the money must be verified. The name appearing on an isolated receipt is not enough.

Source: Civil Code, art. 1354 (opens in a new tab) · Civil Code, art. 1355 (opens in a new tab) · Civil Code, art. 1358 (opens in a new tab)

Yes, there is a presumption of community property for the assets existing in the marriage as long as it is not proven that they belong exclusively to one of the spouses. Therefore, it is important to preserve titles and documentation of the origin of the funds.

Source: Civil Code, art. 1361 (opens in a new tab)

The issue should not be decided by account ownership alone. It is necessary to examine the origin, the acts carried out, the agreements and the destination of the funds, as well as possible refunds. Asset analysis may require reconstructing banking transactions.

Source: Civil Code, art. 1346 (opens in a new tab) · Civil Code, art. 1355 (opens in a new tab) · Civil Code, art. 1358 (opens in a new tab)

As a general rule, no co-owner is required to remain in the community. There are indivision agreements subject to legal limits. The division of property must be distinguished from the right of family use that may be in force over the property.

Source: Civil Code, art. 400 (opens in a new tab) · Civil Code, art. 96 (opens in a new tab)

The award to one with compensation to the other can be studied or, if there is no agreement and it is appropriate, its sale and distribution of the price. The analysis must include charges, valuation and use rights. Not every exit from one co-ownership It is executed in the same way.

Source: Civil Code, art. 404 (opens in a new tab)

No. Each spouse retains the assets that belong to him or her and those that he or she acquires, without prejudice to assets purchased jointly. If it cannot be proven to whom an asset or right belongs, the Civil Code contains a specific rule of attribution by half.

Source: Civil Code, art. 1437 (opens in a new tab) · Civil Code, art. 1441 (opens in a new tab)

The Civil Code requires the consent of both spouses or judicial authorization to have rights over the habitual residence and its furniture for ordinary use, even if they belong to only one. Exclusive ownership should not be confused with unlimited freedom of disposal.

Source: Civil Code, art. 1320 (opens in a new tab)

The modification of the regime during the marriage does not prejudice the rights already acquired by third parties. It is advisable to separate agreements between spouses from previous obligations to banks or other creditors. Capitulations do not by themselves erase existing debts.

Source: Civil Code, art. 1317 (opens in a new tab)

For their validity, they must be recorded in a public deed. They can be granted before or after marriage and regulate the economic regime within legal limits. Its content and advertising must be reviewed according to what is intended to be agreed upon.

Source: Civil Code, art. 1325 (opens in a new tab) · Civil Code, art. 1326 (opens in a new tab) · Civil Code, art. 1327 (opens in a new tab)

No. The attribution of a fact allows the exercise of defence rights, but is not equivalent to a conviction. It is advisable to review the summons to know the body, the planned action and the necessary assistance. Information about the facts must allow an effective defence.

Source: Criminal Procedure Law, art. 118 (opens in a new tab)

Yes. The right to defence includes legal assistance and communication with the lawyer in legal terms. In a detention there is also the right to have a confidential interview with him, without prejudice to the exceptions expressly provided for by law.

Source: Criminal Procedure Law, art. 118 (opens in a new tab) · Criminal Procedure Law, art. 520 (opens in a new tab)

Yes. You can not testify, not answer certain questions and not testify against yourself or confess guilt. They are rights of the person investigated; They should not be confused with the duties that someone who appears solely as a witness may have.

Source: Criminal Procedure Law, art. 118 (opens in a new tab) · Criminal Procedure Law, art. 520 (opens in a new tab)

The law recognizes translation and interpretation rights for investigated or accused persons who do not understand or speak the language of the proceedings. Its scope includes essential actions and documents in legal terms, so that they can understand the accusation and exercise their defence.

Source: Criminal Procedure Law, art. 123 (opens in a new tab)

There are rights to be informed of the deprivation of liberty and the place of custody to the designated person, as well as to telephone communication, with legal conditions and exceptions. Information about these rights must be provided in an understandable manner.

Source: Criminal Procedure Law, art. 520 (opens in a new tab)

The detained person and his defence have the right of access to the essential elements of the proceedings to challenge the legality of the detention. This right should not be confused with unrestricted and immediate access to any action, since the applicable procedural rules must also be examined.

Source: Criminal Procedure Law, art. 520 (opens in a new tab)

No. It should only last as long as strictly necessary. In the ordinary regime for adults, the law establishes a general maximum of seventy-two hours for release or judicial custody, without this allowing the period to be exhausted unnecessarily. There are special regimes and exceptions.

Source: Criminal Procedure Law, art. 520 (opens in a new tab)

No. They are different ways of bringing facts to the attention of justice and intervening in the procedure. The complaint must meet specific formal requirements, including its presentation through a solicitor and law firm. The choice depends on the action that is intended to be carried out.

Source: Criminal Procedure Law, art. 265 (opens in a new tab) · Criminal Procedure Law, art. 270 (opens in a new tab) · Criminal Procedure Law, art. 277 (opens in a new tab)

In the dictionary: criminal complaint

No. The facts and their possible criminal nature must be examined. The investigation may lead to different decisions, including dismissal where appropriate. Reporting, investigating, accusing and condemning are different phases or actions that should not be considered equivalent.

Source: Criminal Procedure Law, art. 269 (opens in a new tab) · Criminal Procedure Law, art. 637 (opens in a new tab) · Criminal Procedure Law, art. 641 (opens in a new tab)

The law recognizes rights to information and possibilities to exercise the corresponding actions. The appearance and its effects must be reviewed taking into account the type of procedure and its timing. Reporting does not necessarily mean that there is already a procedural representation constituted as prosecution particular.

Source: Criminal Procedure Law, art. 109 (opens in a new tab) · Criminal Procedure Law, art. 110 (opens in a new tab)

No. In crimes prosecutable ex officio, the renunciation of the offended person does not by itself extinguish the criminal action. There are crimes with specific rules regarding denunciation or forgiveness. It must be verified which one is being investigated and what effect the requested action may have.

Source: Criminal Procedure Law, art. 106 (opens in a new tab) · Penal Code, art. 130 (opens in a new tab)

No. Provisional dismissal and acquittal are different resolutions, with their own budgets and effects. To know the scope of a file, you must read whether it is provisional or free and its basis. Any file should not be summarized as a sentence that declares facts proven.

Source: Criminal Procedure Law, art. 637 (opens in a new tab) · Criminal Procedure Law, art. 641 (opens in a new tab) · Criminal Procedure Law, art. 742 (opens in a new tab)

No. It is a precautionary measure subject to legal budgets and purposes, the need for which must be justified. The decision must be distinguished from the ruling on guilt. The seriousness of the accusation does not allow us to ignore the examination of the circumstances and the requirements of the measure.

Source: Criminal Procedure Law, art. 502 (opens in a new tab) · Criminal Procedure Law, art. 503 (opens in a new tab)

No. It is a protection resolution based on the precautionary assumptions that regulate the law. It may include criminal and, where appropriate, civil measures. It must be complied with while it is in force, even if the procedure has not yet ended with a sentence.

Source: Criminal Procedure Law, art. 544ter (opens in a new tab)

In the dictionary: protective order

The initiative of the other person does not by itself modify a current judicial prohibition. Its content must be respected and any changes must be channeled to the competent body. Contacting despite the measure may have criminal consequences; The resolution should not be replaced by a private agreement.

Source: Penal Code, art. 468 (opens in a new tab) · Criminal Procedure Law, art. 544bis (opens in a new tab)

They can be incorporated into the procedure, but their assessment requires attention to the context and issues such as authorship, integrity and contradiction. A catch alone does not guarantee a result. It is advisable to preserve the complete conversation and the supports available to allow it to be examined, especially if its authenticity is disputed.

Source: Criminal Procedure Law, art. 726 (opens in a new tab) · Criminal Procedure Law, art. 741 (opens in a new tab)

Theft consists, in general terms, of taking another's personal property without the will of its owner and for profit. Theft incorporates force into things in legal cases or violence or intimidation into people. The rating depends on how the events occurred, not just the value.

Source: Penal Code, art. 234 (opens in a new tab) · Penal Code, art. 237 (opens in a new tab)

No. Fraud requires the elements defined by the Penal Code, including sufficient deception to cause an act of harmful disposition. A breach of contract, by itself, does not demonstrate these elements. The agreement, communications, and timing of actions must be reconstructed.

Source: Penal Code, art. 248 (opens in a new tab)

Misappropriation requires legal assumptions relating to goods or money received with an obligation to deliver or return them and the corresponding harmful conduct. It is not enough to call any disagreement appropriation. It must be identified in what concept the claim was received and what happened afterwards.

Source: Penal Code, art. 253 (opens in a new tab)

No. The qualification depends on the injuries, the conduct and the circumstances provided by law. Article 147 differentiates cases according to the need for treatment, in addition to first assistance, and other conditions. The report must be evaluated together with the remaining actions.

Source: Penal Code, art. 147 (opens in a new tab)

Any delay should not be equated with a criminal conviction. Article 227 contemplates certain periods of non-payment of benefits established in a judicially approved resolution or agreement. The remaining liability requirements, the economic circumstances and the subjective element must also be verified, without confusing the civil claim with the criminal one.

Source: Penal Code, art. 5 (opens in a new tab) · Penal Code, art. 227 (opens in a new tab)

Liability arising from a crime may include restitution, reparation and compensation for damages. The damage and its relationship with the facts must be identified, as well as the way to exercise the action. Requesting an amount does not mean that it is recognized without proof or resolution.

Source: Penal Code, art. 109 (opens in a new tab) · Penal Code, art. 110 (opens in a new tab) · Penal Code, art. 116 (opens in a new tab)

No. Suspension requires a reasoned resolution and compliance with legal requirements. Among other aspects, antecedents, personal circumstances and subsequent conduct are assessed, in addition to the conditions applicable to the case. The length of the sentence does not in itself constitute a guarantee of suspension.

Source: Penal Code, art. 80 (opens in a new tab)

It's not enough to pay. Cancellation requires compliance with legal conditions and deadlines, which vary depending on the penalty and other circumstances. The extinction of liability, the relevant dates and the absence of new crimes during the required period must be verified.

Source: Penal Code, art. 136 (opens in a new tab)

The Civil Code distinguishes succession in a universal capacity, proper to the heir, from attribution in a private capacity of the legatee. The isolated name does not always resolve the scope of a clause: you must read the will complete and the provisions it contains.

Source: Civil Code, art. 660 (opens in a new tab) · Civil Code, art. 668 (opens in a new tab)

No. Inheritance rights are transmitted upon death. Granting a will is not, in itself, an actual gift of assets. It is important to distinguish succession planning from any transmission that is intended to take place during life.

Source: Civil Code, art. 657 (opens in a new tab) · Civil Code, art. 667 (opens in a new tab)

In the common regime, anyone under the age of fourteen cannot make a will. The holographic will, written by one's own hand, requires legal age. In addition, the conditions of will and the formalities of the chosen modality must be met.

Source: Civil Code, art. 663 (opens in a new tab) · Civil Code, art. 688 (opens in a new tab)

Disability does not prevent this by itself. You must be able to shape and express your will, with the necessary means or support. The law contemplates supports and adjustments in the notarial granting; The will of the testator should not be replaced by that of a family member.

Source: Civil Code, art. 663 (opens in a new tab) · Civil Code, art. 665 (opens in a new tab)

No. The will is a very personal act and cannot be granted by agent. This must be distinguished from other documentary or property management that could be entrusted through representation under legal terms.

Source: Civil Code, art. 670 (opens in a new tab)

No. The holographic will must meet requirements such as being entirely written and signed by the person of legal age and stating the date. It also has presentation and protocol procedures after death. An isolated note, digital file or signature does not allow us to presume that these requirements have been met.

Source: Civil Code, art. 688 (opens in a new tab) · Civil Code, art. 689 (opens in a new tab) · Civil Code, art. 690 (opens in a new tab)

Yes. Testamentary provisions are essentially revocable and the subsequent perfect will can nullify the previous one in legal terms. To know which provisions remain, the complete documents must be examined, especially if there are assets or wills in different countries.

Source: Civil Code, art. 737 (opens in a new tab) · Civil Code, art. 739 (opens in a new tab)

Succession may be deferred by law. Who has the right to succeed must be identified and the corresponding declaration of heirs must be processed. The absence of a will does not mean that any family member can immediately dispose of accounts or properties.

Source: Civil Code, art. 658 (opens in a new tab) · Civil Code, art. 912 (opens in a new tab)

In the common regime, the reserved share of an estate is the part legally reserved for certain heirs. Freedom of disposition must respect these rights and their rules. There are territorial civil rights with different solutions, so before calculating fees, the applicable regulations must be determined.

Source: Civil Code, art. 806 (opens in a new tab) · Civil Code, art. 807 (opens in a new tab) · Civil Code, art. 808 (opens in a new tab) · Civil Code, art. 16 (opens in a new tab)

In the dictionary: reserved share of an estate

It should not be taken for granted. The application of common civil law or territorial civil rights can change the inheritance rules. In internal conflicts, the civil neighborhood is relevant, which is not simply equivalent to the place of registration or the place where a home is located.

Source: Civil Code, art. 14 (opens in a new tab) · Civil Code, art. 16 (opens in a new tab)

No. In the common regime your rights depend on the people you are with and other circumstances, including a possible separation. For example, when you have descendants, the law contemplates a right of usufruct. The will and marital regime must also be examined.

Source: Civil Code, art. 834 (opens in a new tab) · Civil Code, art. 837 (opens in a new tab) · Civil Code, art. 838 (opens in a new tab)

Your position should not be automatically equated. The applicable inheritance law, possible land rules and the will should be reviewed. The common regime reserves certain rights to the spouse; Cohabitation alone does not allow all these rights to be attributed to any couple.

Source: Civil Code, art. 807 (opens in a new tab) · Civil Code, art. 834 (opens in a new tab) · Civil Code, art. 16 (opens in a new tab)

Disinheritance must be based on a legal cause and expressed in a will. It is not enough to replace this analysis with a generic reference to distancing. The possible relevance of the facts requires studying the cause invoked, its evidence and the applicable judicial interpretation.

Source: Civil Code, art. 848 (opens in a new tab) · Civil Code, art. 849 (opens in a new tab) · Civil Code, art. 853 (opens in a new tab)

The Civil Code attributes to the heirs of the testator the proof of the certainty of the cause if the disinherited person denies it. The existence of a testamentary clause must be distinguished from the fact that its foundation has been proven in litigation.

Source: Civil Code, art. 850 (opens in a new tab)

Acceptance and repudiation are, as a rule, voluntary and free acts. Before carrying out actions on the assets, it is advisable to review debts, documents and possible deadlines. The decision may have financial consequences that are not limited to receiving the known assets.

Source: Civil Code, art. 988 (opens in a new tab) · Civil Code, art. 999 (opens in a new tab) · Civil Code, art. 1003 (opens in a new tab)

No. Pure and simple acceptance can be express or tacit. Certain acts may necessarily imply a willingness to accept, while those of mere conservation or provisional administration do not imply it in legal terms. That is why it is necessary to analyze what has been done, not only if it has been signed before a notary.

Source: Civil Code, art. 999 (opens in a new tab)

Yes. In pure and simple acceptance, the heir is also responsible for the burden of the inheritance with his own assets. Before accepting, the assets and liabilities must be studied, without limiting itself to checking whether there is a valuable property.

Source: Civil Code, art. 1003 (opens in a new tab)

In the dictionary: inventory profit

By meeting its requirements, it limits liability for debts and charges to the assets of the inheritance and keeps both assets separate for these purposes. It is not enough to mention that expression: the declaration, the formation of the inventory and the applicable deadlines must be respected.

Source: Civil Code, art. 1010 (opens in a new tab) · Civil Code, art. 1011 (opens in a new tab) · Civil Code, art. 1014 (opens in a new tab) · Civil Code, art. 1023 (opens in a new tab)

In the common regime, repudiation must be made before a notary in a public instrument. Informal communication does not allow this form to be considered fulfilled. Before resigning, you should also review what effects it will have on the calling of other interested people.

Source: Civil Code, art. 1008 (opens in a new tab)

Acceptance or repudiation cannot be done in part, in a term or conditionally under the terms of the Civil Code. Another issue is to study the inventory profit and its scope. This protection should not be confused with unilaterally choosing only the assets that are of interest.

Source: Civil Code, art. 990 (opens in a new tab) · Civil Code, art. 1023 (opens in a new tab)

As a rule, both decisions are irrevocable once made. The law contemplates specific grounds for challenge, such as certain defects in consent or the appearance of an unknown will. There should not be a general possibility of undoing the decision simply by changing one's opinion.

Source: Civil Code, art. 997 (opens in a new tab)

Article 1005 provides for a request at the request of an interested person and a period of thirty calendar days. If no will is expressed within the period in that case, it is understood to have been accepted purely and simply. The specific requirement must be met without confusing it with a simple family consultation.

Source: Civil Code, art. 1005 (opens in a new tab)

The assets of the deceased must be distinguished from what corresponds to the spouse under the marital regime. Where applicable, liquidation makes it possible to identify what falls into the inheritance. Distributing everything the family used as hereditary may ignore rights or debts that must be previously determined.

Source: Civil Code, art. 659 (opens in a new tab) · Civil Code, art. 1392 (opens in a new tab) · Civil Code, art. 1396 (opens in a new tab) · Civil Code, art. 1404 (opens in a new tab)

The partition can be studied through the corresponding means and, when its requirements are met, the appointment of a dative accountant-partier. The law also contemplates the treatment of indivisible assets. The solution depends on the will, the contributions, the assets and the positions of the interested parties.

Source: Civil Code, art. 1051 (opens in a new tab) · Civil Code, art. 1057 (opens in a new tab) · Civil Code, art. 1062 (opens in a new tab)