Family Courts in Cádiz: Local Overview and Specifics
In Cádiz, family law matters—such as divorces, custody, and alimony—are primarily handled by the First Instance Courts, located at Calle Los Balbos, s/n, 11009 Cádiz. This is the central location for civil proceedings, including family law, within the city. The judicial district of Cádiz covers the capital and its municipal area, meaning that most family law cases for city residents are processed in these courts.
According to statistics from the General Council of the Judiciary, while there is no exact figure for the number of divorces in Cádiz in 2024, Andalusia is among the regions with the highest number of family law cases. The concentration of cases in the capital's courts can affect timelines, making it advisable to submit well-prepared and documented applications to avoid delays.
Legal Value: Types of Divorce, Real Timelines, Costs, and Regulatory Agreement
Types of Divorce: Mutual Agreement and Contentious
Spanish law distinguishes two main types of divorce:
- Mutual agreement divorce: both parties agree on all terms (custody, alimony, use of the family home, etc.) and formalize them in a regulatory agreement. This can be processed in court or, if there are no minor children, before a notary.
- Contentious divorce: occurs when there is no agreement, and a judge must decide on the measures.
Real Timelines in Cádiz
- Mutual agreement: typical timelines in Cádiz are 2 to 3 months from filing the petition and agreement, provided all documents are in order.
- Contentious: may take 6 to 12 months, depending on court workload and case complexity.
Average Cost and Contents of the Regulatory Agreement
Divorce costs in Cádiz depend on the type:
- Mutual agreement: lawyer fees usually range from €600 to €1,200 (depending on whether there are minor children and assets to divide). Additional costs may include a court representative and, if applicable, a notary.
- Contentious: costs are higher (from €1,200 upwards), depending on duration and complexity, and may require independent expert reports.
The regulatory agreement should include:
- Child custody arrangements.
- Visitation schedule.
- Child support and, if applicable, spousal support.
- Use of the family home.
- Division of marital property, if applicable.
Alimony and Custody: Criteria and Figures in Cádiz
Child Support: Legal Basis and Real Figures
Article 146 of the Spanish Civil Code establishes that child support must be set in proportion to the payer's means and the recipient's needs. In practice, Cádiz courts apply criteria similar to the rest of Spain:
- They assess both parents' net income and the children's needs (housing, food, education, leisure, etc.).
- The average child support in Spain ranges from €150 to €400 per child, which may increase based on specific circumstances (disabilities, extraordinary expenses, etc.).
- In Cádiz, judges pay special attention to actual income, new relationships, and the amount of time each parent spends with the children.
Shared vs. Sole Custody
Since reforms to the Civil Code and Supreme Court case law (STS 257/2013 and following), shared custody is generally preferred if it serves the child's best interests. In Cádiz, judges typically award shared custody when both parents live nearby, have good communication, and can ensure the child's stability. Sole custody is granted when there are cohabitation issues, significant geographic distance, or one home is unsuitable.
Standard Visitation Schedule
The typical schedule in Cádiz when sole custody is granted includes:
- Alternating weekends (Friday to Sunday or Monday).
- Half of school holidays (Christmas, Easter, summer).
- One or two weekday afternoons, depending on distance and schedules.
This schedule can be adapted based on work commitments, distance between homes, and the child's needs.
Why Choose Our Firm in Cádiz
Our Cádiz office offers in-person and online consultations for clients living elsewhere or unable to travel. We prioritize mediation and out-of-court negotiation whenever possible, aiming to avoid unnecessary litigation in family disputes. Our experience with Cádiz courts and familiarity with local criteria allow us to anticipate issues and provide realistic legal strategies.
In family law and divorce proceedings in Cádiz, we work with independent medical experts when parental suitability or special circumstances need assessment. We offer a no-obligation initial consultation to analyze your case, explain legal steps, and discuss your options.
