Ascensión Martín

Déc

By Ascensión Martín Civil No Comments

Divorce: validity of spouses’ agreements

A question that family lawyers are often asked by divorced clients is as follows: do the agreements that I reached with the other parent have validity even though they have not been approved by a judge? The First Chamber, Civil Chamber, of the Supreme Court, has just issued two Sentences that resolve this question in […]

Déc

By Ascensión Martín Civil No Comments

Loss of the right to use the family home

The Plenary of the Civil Chamber of the Supreme Court, in its Judgment of November 20, 2018, has resolved a matter on which it had not previously expressly pronounced. The matter focuses on the meaning to be given to the presence of a third party (i.e. a divorcee’s new partner) in a house that comprised […]

Sep

By Ascensión Martín General No Comments

Transposition of a European Community Directive on the Prevention of Money Laundering

The B.O.E. of September 4, 2018 published the Royal Decree-Law 11/2018, of August 31, transposing various community directives, including one relating to the prevention of money laundering. In particular, this Royal Decree-Law has transposed Directive (EU) 2015/849 of the European Parliament and of the Council of 20 May 2015 on the prevention of the use […]

Juil

By Ascensión Martín Civil No Comments

Illegal possession of housing

By making a small change to five articles in the Law of Civil Procedure, a giant step forward may have been taken to solve a leading social problem which has lasted many years for a substantial number of house owners who were inefficiently safeguarded against disruption to their legitimate rights of possession. This step forward […]

By Ascensión Martín Criminal No Comments

Modification of the Organic Law 5/1995 of the Jury Court

On December 14 of last year, the Organic Law 1/2017, of December 13, of modification of the Organic Law 5/1995, of May 22, of the Jury Court, was published in the Official Gazette to guarantee the participation of the people with disabilities without exception. Thus, paragraph 5 of article 8 of this Organic Law is […]

By Ascensión Martín Civil No Comments

Attribution of the use of the family home and shared custody

The Supreme Court ruling of February 20, 2018, considered an appeal for cassation (i.e. for the Supreme Court to interpret the relevant law), considering that the ruling issued by the Provincial Court of Valencia to attribute to the mother the use of what was family housing until the common son reaches legal age does not […]