Family Courts in Benalmádena: Key Local Information and Procedures
In Benalmádena, family law matters such as divorce, separation, and child-related measures are initially handled by the Juzgado de Paz de Benalmádena (Peace Court of Benalmádena) and, for more complex cases, by the family courts of the judicial district in Torremolinos. The Justice Office in Benalmádena is located at Avenida Juan Luis Peralta, 39, 1st floor, 29639 Benalmádena. Usual opening hours are Monday to Friday, from 9:00 am to 2:00 pm. Contact phone: 952 568 112.
The Peace Court in Benalmádena handles essential civil functions, such as registrations in the Civil Registry, but divorce and child custody proceedings are usually referred to the family courts in Torremolinos, which is the judicial district for Benalmádena. This means that, while initial paperwork may be filed in Benalmádena, hearings and judicial resolutions take place in Torremolinos.
Types of Divorce: Mutual Agreement and Contentious
As in the rest of Spain, there are two main ways to process a divorce in Benalmádena:
- Mutual agreement divorce: Both parties jointly file the petition and a regulatory agreement. This is a faster process and is typically resolved within 2 to 3 months from the date of filing, provided there are no vulnerable minors or major disagreements.
- Contentious divorce: Initiated when there is no agreement on the measures to be adopted. This process takes longer, with an average duration of 6 to 12 months, depending on the court's workload and the complexity of the case.
The average cost of a divorce procedure in Benalmádena ranges from 800 to 1,500 euros for mutual agreement cases and can exceed 2,000 euros for contentious cases, especially if independent expert reports are required or if significant financial issues are disputed.
Regulatory Agreement: Essential Content
The regulatory agreement is mandatory in mutual agreement divorces and must include:
- Custody arrangements for minor children
- Visitation and communication schedules for the non-custodial parent
- Use of the family home
- Amount and payment terms for child support and, if applicable, spousal support
- Division of marital property
Child Support and Custody: Criteria and Figures
Child support is calculated according to article 146 of the Spanish Civil Code, which stipulates that it must be proportional to the obligor's resources and the children's needs. In practice, family courts in Málaga province apply similar criteria as the rest of Spain, with an average child support amount ranging from 150 to 400 euros per child, although this may vary based on income and specific needs.
Regarding custody, courts assess the best interests of the child. Shared custody is increasingly common but not automatic; both parents must be able to guarantee the children's well-being. Exclusive custody is granted when there is a significant difference in the parents' ability to care for the children or in special circumstances.
The standard visitation schedule for the non-custodial parent is usually alternate weekends and half of the school holidays, though this can be adjusted to fit family needs and the children's ages.
Why Choose Our Law Firm in Benalmádena
Our firm offers a specialized approach to family law, prioritizing mediation and out-of-court negotiation to reach lasting agreements and avoid lengthy and costly litigation. We provide both in-person and online services in Benalmádena, making it easier to handle procedures and monitor progress without unnecessary travel.
We work with independent medical experts when necessary, particularly in custody or child support cases. We offer a no-obligation initial consultation to analyze your case and guide you on the steps, timelines, and required documentation.
