Family courts in Castelldefels: local specifics and how proceedings work
If you live in Castelldefels and need to resolve a family law matter—such as divorce, setting child support, or modifying measures—it's crucial to understand how these cases are handled in your municipality. Castelldefels has the Justice of the Peace Court and Civil Registry, located at c/ Església, 46, 08860 Castelldefels (phones: 936657058, 936657043), which deals with basic civil matters like birth, marriage, or death registrations.
However, actual family court proceedings (divorces, custody, support, etc.) are not handled by the Justice of the Peace, but by the judicial bodies in Gavà, the judicial district to which Castelldefels belongs. The Civil and Criminal Section of the Gavà Court of First Instance is located at Plaça Batista i Roca, s/n, 08850 Gavà (phone: 936352429). All family law cases from Castelldefels are processed there, meaning you'll need to travel for hearings and paperwork. This is a key consideration when planning your case and choosing a lawyer.
Types of divorce: key differences and real timelines
Within Castelldefels and its judicial district, there are two main types of divorce:
- Uncontested divorce: Both spouses jointly file the petition and an agreed settlement. This is much faster: typically, once filed in Gavà, the process takes 2 to 3 months to reach a judgment, provided there are no particularly vulnerable minors and the agreement meets legal requirements.
- Contested divorce: If there is no agreement, each party submits their proposal and the judge decides. In Gavà, this process can take 6 to 12 months, depending on the court's workload and whether expert reports or child interviews are needed.
As for costs, lawyer fees in Castelldefels for an uncontested divorce generally range from €600 to €1,200 (plus VAT and court representative), including the settlement draft and court processing. For contested divorces, fees typically range from €1,500–3,000 or more, depending on complexity and whether expert reports (paid separately) are required.
The settlement agreement: mandatory content and practical keys
The settlement agreement is essential in any uncontested divorce. According to Article 90 of the Spanish Civil Code, it must include:
- Allocation of the family home.
- Custody and visitation schedule for minor children.
- Child support.
- Spousal support, if applicable.
- Dissolution of the marital property regime, if requested.
In Castelldefels, judges pay special attention to agreements that detail vacation periods, holiday alternation, and annual support updates according to the Consumer Price Index (CPI).
Support and custody: Gavà court criteria for Castelldefels families
For child support, the court applies the proportionality principle of Article 146 of the Civil Code: both parents' income and the children's real needs are considered. In practice, average child support in Spain ranges from €150 to €400 per child, with the exact amount depending on factors like the number of children, extraordinary expenses, and parents' financial means.
Shared custody is increasingly common in the Gavà district, unless circumstances advise against it (e.g., distance or high conflict). For sole custody, the standard visitation schedule usually includes:
- Alternate weekends (Friday to Sunday).
- One or two weekday afternoons.
- Half of school holidays.
The court may adapt the schedule to the children's age and parents' work obligations.
Why choose our law firm in Castelldefels
We have experience with family law cases in Gavà and Castelldefels, allowing us to anticipate local judicial criteria. We focus on mediation and out-of-court negotiation to seek beneficial agreements and avoid unnecessary litigation. We offer in-person service in Castelldefels and online consultations as well.
Your no-obligation initial consultation includes a review of your situation, explanations of the steps to follow, and answers to your questions regarding support, custody, and legal options.
