Family Courts in Fuengirola: Addresses and Procedures
In Fuengirola, family law matters such as divorce, child custody, and alimony are handled by the Courts of First Instance, which have jurisdiction over civil and family issues. The main courts are located at Calle Párroco Juan A. Jiménez Higuero, 28, 29640 Fuengirola, where most family law proceedings are processed. The Civil Registry (for marriages, births, and civil marriage applications) is also at this address. There are also judicial offices at C/ Miguel Bueno, 26 (corner of Avda. de Mijas) and Inca, 8, but most family law cases are centralized at Párroco Juan A. Jiménez Higuero.
The judicial district of Fuengirola includes not only the city but also surrounding municipalities, which can influence processing times. There are no official statistics published on the annual number of divorces in Fuengirola, but there is a steady flow of family law cases, prompting the planned opening of a new courthouse at the Santa Fe de Los Boliches Stadium (scheduled for 2025).
Types of Divorce: Mutual Agreement and Contentious
The Spanish Civil Code regulates two main types of divorce: mutual agreement and contentious. Mutual agreement divorces are faster and more cost-effective, as both parties submit a consensual regulatory agreement. In Fuengirola, the typical timeframe for resolution is 2 to 3 months from filing, depending on court workload and the speed of scheduling the ratification hearing.
Contentious divorces require judicial intervention to resolve disputes (custody, alimony, use of the family home, etc.), which can extend the process to 6-12 months or more, depending on complexity and court scheduling.
Regarding costs, mutual agreement divorces generally range from €600 to €1,200 when both spouses share one lawyer, covering the drafting of the regulatory agreement and court proceedings. Contentious divorces are more expensive, as each party must have their own lawyer and court representative, and additional evidence may be required.
The Regulatory Agreement: Key Content
The regulatory agreement is essential in mutual agreement divorces. As required by Article 90 of the Civil Code, it must address:
- Custody and care of minor children.
- Visitation and communication rights for the non-custodial parent.
- Child support and, if applicable, spousal support.
- Use of the family home and household goods.
- Division of common assets and debts.
In Fuengirola, as throughout Spain, judicial approval of the regulatory agreement is necessary for its validity and enforcement.
Child Support and Custody: Criteria and Typical Amounts
Child support is determined based on the financial capacity of both parents and the real needs of the children, applying the principle of proportionality (Art. 146 CC). Fuengirola courts use the same criteria as elsewhere in Spain, considering job stability, income, expenses, and number of children.
Across Spain, the average child support per child ranges from €150 to €400 per month, though the specific amount depends on individual circumstances and may be adjusted by court order. Guidelines published by the General Council of the Judiciary provide a reference but are not binding.
Regarding custody, Fuengirola courts prioritize the best interests of the child. Joint custody is granted when both parents have availability and favorable conditions for the child's development, while sole custody is reserved for cases where it best serves the child's stability or protection. The standard visitation schedule typically includes alternating weekends and half of school holidays, but it can be tailored to the family's needs.
Why Choose Our Law Firm in Fuengirola
Our Fuengirola-based firm offers a comprehensive and up-to-date approach to family law, emphasizing mediation and out-of-court negotiation to resolve disputes with minimal trauma. In-person consultations at our Fuengirola office and online management options make it easy to access and monitor your case, adapting to your needs.
We have experience handling custody, alimony, and divorce proceedings before the Courts of First Instance in Fuengirola. When necessary, we collaborate with independent medical experts to substantiate special circumstances. We offer a no-obligation initial consultation to assess your case's legal viability and advise on the appropriate steps.
