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… Читать далее Divorce: validity of spouses’ agreements
Автор: Ascensión Martín
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… Читать далее Loss of the right to use the family home
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… Читать далее Transposition of a European Community Directive on the Prevention of Money Laundering
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… Читать далее Illegal possession of housing
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… Читать далее Modification of the Organic Law 5/1995 of the Jury Court
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… Читать далее Attribution of the use of the family home and shared custody