Family courts in Tres Cantos: characteristics and procedures
In Tres Cantos, family law matters such as divorce, separation, custody, and alimony are primarily processed at the Juzgado de Paz de Tres Cantos, located at Calle El Viento, 2, 28760 Tres Cantos, Madrid. This court handles Civil Registry matters (marriages, births, certificates) and serves as an initial point for filing family legal proceedings. However, final judicial decisions regarding divorce, custody, and alimony are issued by the First Instance and Examining Courts of the Colmenar Viejo judicial district, as Tres Cantos lacks its own first instance courts. Colmenar Viejo's judicial district has four mixed courts that handle family cases from Tres Cantos, meaning that filings and hearings are typically held in Colmenar Viejo.
Divorce proceedings in Tres Cantos: types, timelines, and average costs
Under Spanish law, divorces can be processed in two ways:
- Mutual agreement divorce: Both spouses agree on the dissolution of the marriage as well as all related matters (children, home, support, etc.). These cases are usually resolved within 2 to 3 months after filing the petition with the regulatory agreement.
- Contentious divorce: Initiated when there is no agreement between spouses. The process is more complex, with typical durations between 6 and 12 months, depending on the court's workload and case complexity.
The average cost for a divorce in Tres Cantos, including legal and court representation fees, varies: for mutual agreement, it is approximately €700 to €1,200; for contentious divorces, costs start from €1,500 and may increase depending on complexity and the presence of children or shared assets. These figures are indicative and may vary case by case.
The regulatory agreement is essential in mutual agreement divorces and must include:
- Assignment of the family home.
- Custody of minor children (shared or exclusive).
- Visitation and communication schedules for the non-custodial parent.
- Amount and payment method of child and, if applicable, spousal support.
- Distribution of marital assets and obligations.
Alimony and custody: criteria and relevant figures in Tres Cantos
In family cases, child support is set according to article 146 of the Spanish Civil Code, based on the parents' financial abilities and the real needs of the children. Courts apply the proportionality principle, taking into account income, number of children, and regular expenses (education, food, housing, health).
In practice, the average child support in Spain ranges from €150 to €400 per child. In Madrid and municipalities like Tres Cantos, where the standard of living is medium-high, support amounts tend toward the upper range, especially if both parents have stable incomes.
Regarding custody, Madrid courts currently tend to favor joint custody when it serves the child's best interests (art. 92 CC and Supreme Court case law). However, sole custody is still common if one parent cannot care for the children due to work, personal reasons, or residence. The standard visitation schedule usually includes alternate weekends and two weekday afternoons, plus half of school holidays.
Why choose our law firm in Tres Cantos
Out-of-court negotiation and family mediation are essential tools for resolving conflicts with minimal confrontation, especially in divorce and custody proceedings. Our firm, offering in-person service in Tres Cantos and online consultations, prioritizes mediation and amicable agreements that protect children's interests and reduce litigation.
We offer a no-obligation initial consultation to analyze your case and guide you through the most appropriate legal steps, always considering the possibility of reaching a friendly agreement before litigation. When necessary, we work with independent medical experts for health, disability, or special needs assessments of minors or parents.
Our proximity to the Tres Cantos Peace Court and practical knowledge of the Colmenar Viejo judicial district allow us to support you at every stage, from drafting the regulatory agreement to enforcing judgments and handling later modifications.
