Have you had a family problem?
The family lawyer emerged to protect the domestic unit and fulfill the rights and duties. Next, you will know what are the main functions and responsibilities of a family lawyer and when you should hire their services.
What is a family lawyer?
A family lawyer is a professional who specializes in providing legal advice and support. Also, it informs about the different options of a specific situation to solve a problem in the best possible way and in the shortest time.
Family lawyers are then responsible for offering advice on all legal aspects related to the family, the family environment and family relationships and assets. This area is known as Family Law.
How can a family lawyer help you?
A family lawyer must know first-hand the family’s problems in order to give the best solution to the problem. For this reason, it is recommended that only one lawyer be sought to commit himself to personally attend the client. It seeks to get a personalized and direct customer service.
In addition, you must meet certain professional qualities and legal knowledge of the subject. We cannot forget that these are family issues, a special dedication and sensitivity is required. So you should not only be an expert in divorces, but also in custody, liquidation, child abduction, alimony, etc.
Family Law is a branch of Civil Law. A family lawyer has several functions related to domestic issues and related to the family. Family law is a very wide area of practice that covers many sectors and touches intimate aspects.
The functions of a family law attorney are established in:
A family lawyer acts as a legal advisor to defend the rights and interests of family members.
They are responsible for protecting the interests of both parties when their service is required or contracted.
It is responsible for applying legal concepts in relation to their specialization, in this case the family environment.
He is in charge of solving legal aspects in the context of the family process.
Applies rules and principles of family law to a particular problem, so their services have been required.
What topics does a family lawyer deal with?
A Family Law attorney covers many very delicate situations, since they involve a strong personal impact. The lawyer acts as a mediator to offer advice in different cases:
1 Marriages, divorces and separations
Marriage is a civil contract between two people. They meet legal requirements to marry that is governed by the state. It is not necessary to marry a family lawyer. However, having one has several benefits. For example, knowing that it was successful or writing a beneficial contract for both parties.
Also, the services of a lawyer are usually hired in case of divorce , that is, the dissolution of the marriage. The act of contracting is a legal act, so that of divorcing too.
If there is a need to disconnect from your ex-spouse, the family attorney can help draft an agreement or agreement to direct a proceeding in court . A family lawyer offers divorce services by mutual agreement, contentious or express.
2 Liquidation of property or separation of property
The lawyer can give you advice for the liquidation of property and separation of property. The liquidation of profits consists in the realization of the partial operations of the profits by any part of the spouses. For later, make a distribution between the spouses or ex-spouses. One of the causes of the liquidation of property is divorce. For this, it is essential to have a lawyer specializing in Family Law.
The settlement can be done in the regulatory agreement . But Article 90 of the Civil Code does not impose it mandatory. On the other hand, if the agreement is not made, the document is recommended to be done in the public deed.
Once a company has been dissolved, as stated in article 1396 of the Civil Code, the assets and liabilities of the company are liquidated. Thus, all the assets and liabilities items will be known.
3 Domestic, physical or psychological violence
Family lawyers are responsible for intervening in violence in the family. The lawyer aims to deal with these abuses and abuse. Violence against persons is defined in article 173.2 of the Criminal Code, “He who inflicted degrading treatment on another person, seriously undermining his moral integrity, shall be punished with the imprisonment of six months to two years.”
The lawyer helps and accompanies you during the judicial procedure to defend your rights and that of your children, if applicable. The family lawyer also intervenes when there is gender violence. This is the case when the aggressor is male and the victim is female.
4 Nutritional pension
The food pension deals with a parent must meet the needs of their children. This occurs when there is a breakup of a couple between which there have been children. On this occasion, there is an obligation for both parents to meet their needs.
It is an obligation on the part of the parents regardless of who the children live with. The basic needs of minors must be covered, such as accommodation, food, clothing, education, and medical assistance. Regulated in article 142 of the Civil Code.
The obligation to pay by the non-custodial spouse begins when the lawsuit is filed. In order to process the food pension, a family lawyer is usually required to guarantee the support of your children.
5 Child custody
A lawyer also intervenes in the responsibilities of parents with their children. Often, when there is a break by the parents, one must determine where the minor children will live. Specialized lawyers help their clients negotiate a parental agreement as the type of custody that can be: legal or physical.
In addition, some courts evaluate the family environment in order to determine custody. Lawyers can give advice on what to talk during the evaluation process and what information to provide.
The adoption process is a legal act that creates a kinship between two people. Families who want to adopt must submit their application to the Child Protection Services of their autonomous community. In this process, you will go on a waiting list to evaluate the family. In article 175 of the Civil Code, adopters must meet the following requirements:
The adoption requires that the adopter be over twenty-five years old (it is only necessary that one of them has reached this age) In any case, the adopter must be at least fourteen years older than the adopted one.
Only non-emancipated minors may be adopted.
In the positive case, the certificate of suitability will be issued and the file for a preliminary proposal for adoption will begin. The judge will be the one that will dictate a resolution saying if it is considered opportune and granting the minor’s affiliation. It will also be registered in the Civil Registry . Also, it should be known that adoption is irrevocable. It can only be extinguished by judicial means when the parents have not voluntarily intervened for adoption
7 Inheritance, inheritance and testament
After the death of a relative, the heirs must take charge of a series of steps and procedures. Family lawyers also handle the legal part with family assets. The Certificate of Last Will of a person is issued by the Ministry of Justice that will grant the last will of the deceased. With this certificate, you will go to the notary who granted the will to request a copy.
Also, it should be known that the debts of the deceased are inherited once the inheritance has been accepted. Also, at that time you have to pay taxes that vary according to the cases.
It is convenient to have an expert lawyer if any real problem of inheritance occurs after a death. Lawyers help in case someone refuses to deal. This initiates a process that can be done judicially or with the appointment of a splitter accountant.
How to choose a family lawyer to choose a family lawyer
When a family lawyer is hired, it is done for reasons of force majeure. For this reason, it is important to make a good choice for a family lawyer. In choosing a lawyer several factors must be taken into account since it will deal with very intimate issues about your family.
On the one hand, it is recommended to look for people with experience in Family Law and with a high level of professionalism. Because it is a very specific and delicate branch at the same time. On the other hand, it is important that the lawyer knows how to listen to them and has the confidence to express themselves. The client always needs to speak with the same lawyer. In addition, it needs exclusivity because these topics are not easy to explain. The client must feel comfortable and safe. For this reason, several people should not be involved.
Likewise, a lawyer must be proactive. If you anticipate events we can avoid many problems. How to have the necessary evidence to refute accusations . From the beginning, the lawyer and his client must know very clearly where he wants to go. Thanks to the professional experience of the lawyer, you can help solve the family situation efficiently.
Finally, before making any decision it is important to make a budget. So you can know if it fits your needs.
Barcelona family lawyers
We may all need a family lawyer at some point to advise you to resolve any inconvenience you may have. Having a family lawyer who offers legal advice allows you to deal with a difficult and confusing legal process by the fact of including loved ones.
In Abogados Lacaba we are specialists in Family Law. Composed of professionals with extensive knowledge, experience and training in all branches. We take care of offering you agile solutions contemplating all points of view and implications.
We study your case thoroughly to find the best solution in the shortest possible time. Count on the best professionals. If you need a family law firm in Barcelona, contact us without any commitment.