We are a particularly suitable office to help the LGBT community. With extensive experience and a true understanding of the particular problems that frequently arise in the LGBT sector.
The breakup of a marriage is usually difficult for most people. Our attorneys will advise and guide you in the process with the expectation that both parties will resolve any dispute before going to court. We focus on practical aspects, particularly with respect to the financial aspects of separation. Our attorneys can help you through the writing of a fair and practical division of economic assets.
This most important area of family law extends in several directions, more especially in relation to same-sex relationships. The legal problems surrounding the juvenile law for same-sex couples are, in some unique ways. The end of a relationship, be it a divorce or a breakup of a civil society, is one of the most challenging life events for most people. Rely on our work as mediators and as a fundamental piece in the custody process.
Non-community foreign marriage
The transnational and globalized society in which we develop today, have led people to establish relationships beyond their habitual residence, or their original place. People in the current context, we move with great ease due to technological means and labor relocation or because of the context of economic and political migration. All this has created a large number of couples in which their spouses are of different nationalities and residence which entails a different legal application for each of them. Within the EU framework, these family relationships have been regulated by various directives of application according to citizenship and residence criteria, as well as the rights of family members that arise from these legal situations. Our firm is specialized in obtaining the proper documentation as well as in the advice regarding the law applicable to each of these unions, and the legislation that would correspond to each case in civil and administrative matters, both in Spain and the EU, as well as a special knowledge about same-sex couples and in which the nationality of one of them does not allow certain union.
The EU criterion has evolved from a restrictive criterion to legislate with the greatest veracity and disagreement with current social parameters without ignoring the rights of single-parent couples and families. Thus, in the European Parliament Resolution of 5 July 2016 on the fight against trafficking in human beings in the external relations of the Union, qualifies the condemnation of trafficking in human beings for forced surrogacy and urges Member States to analyze the implications of their restrictive reproductive policies, although in Spain our legislation considers them acts of subrogated management null. However, in Spain, the filiation of a child born through surrogacy, in favor of intentional parents is possible if a series of requirements set forth in the Instruction of October 5, 2010 of the Directorate General of Registries and the Notary, on the registration regime of the filiation of those born by replacement pregnancy. Specifically, two judgments of the Strasbourg Human Rights Court of June 26, 2015 would force the Ministry of Justice to order the consulates of Spain to re-enroll in the civil registry babies born by pregnant surrogacy abroad after The Supreme Court issued a ruling in February of the same year for which babies born through this technique could not be registered as Spaniards because this practice of reproduction in Spain was not legal. The same court, on October 20, 2016, went a step further and ruled in favor of recognizing the equalization of labor rights of parents of children born through the surrogacy gestation technique abroad, recognizing for the first time their right to collect maternity benefits from Social Security.
European Court of Human Rights
We know the international procedures and treaties as well as their jurisprudence that interprets these treaties. Our vision is to contribute to a fair and effective vision of your case at international levels. If justice has not been obtained in Spain, we take your case to the European Court of Human Rights and / or to the European Court of Justice as diligently and quickly as possible. We claim the full validity of Human Rights as an instrument of transformation of consciences and of society itself. For this we do not hesitate to act denouncing their breaches with all the instruments at our disposal. Among our objectives is also to support, to the best of our ability, the victims of human rights violations. What are the rights provided by the Convention or its Protocols? These are, among others, the following: The right to life. The right to a fair trial in civil matters and penalty. The right to respect for private life and family. Freedom of expression. Freedom of thought Of conscience and religion. The right to an effective remedy. The right to respect your property. The right to vote and the right to stand for electionss. What are the prohibitions provided by the Convention or its Protocols? These are, among others, the following: Torture and inhuman or degrading treatment or punishment. Arbitrary and illegal detention. Discrimination in the enjoyment of the rights and freedoms recognized by the Convention. The expulsion by a State of its own nationals. The death penalty. The collective expulsion of foreigners.