Judicial Divorce: The Contentious Route

Although alternative dispute resolution and mutual agreement are always the first option, there are complex circumstances where it is essential to go to court. When positions are far apart, defending the client’s interests requires a firm and decisive legal strategy.

At FALGAS.net we are backed by years of experience in Divorce and Family Law trials, transforming deadlock situations into forceful judicial solutions.

The importance of provisional measures

When an agreement is impossible, time is against you. It is vitally important to request a request for prior provisional measures. This judicial mechanism allows a judge to immediately and temporarily regulate child custody, the use of the home and pensions, protecting the family while the main divorce proceedings are being processed.

A multidisciplinary team oriented to success

A successful defence in court requires a seamless strategy. For this reason, we work in absolute collaboration with the client and rely on a specialised team of professionals according to the needs of the case: solicitors, real estate experts, accounting managers, child psychologists and private investigators.

The 3 main axes of a divorce court process

  • In any family dispute, there are three fundamental areas that must be resolved with the utmost technical precision:

1.La Dissolution of the Marriage Bond

We determine which courts have jurisdiction based on the
residence, the nationality of the spouses, the place of celebration of the
marriage and civil neighbourhood. In multicultural cases, we apply the rules
of Private International Law to guarantee the validity of the process.

2.La Regulation of Parental Measures

We design a solid Parenting Plan that regulates:

  • Parental authority and the attribution of custody ( shared or individual).
  • The visitation and stay regime with the non-custodial parent.
  • The amount of alimony and the correct definition of extraordinary expenses.
  • The attribution of the use of the family home.

3. The Dissolution and Liquidation of the Matrimonial Property Regime

We analyse the law applicable to your assets according to your civil neighbourhood or the existence of matrimonial chapters (separation of property or community property). We inventory and value the assets and liabilities to execute the division of the assets.

  • 3. The Dissolution and Liquidation of the Economic Regime: We analyse the applicable law according to your civil neighbourhood or the existence of matrimonial chapters. We inventory and value the assets and liabilities to execute the division of the assets.

❓ Frequently Asked Questions (FAQs) on Housing and Estate in Divorce

Before initiating legal proceedings, it is completely normal to have doubts about the future of your assets. Here we answer the most common questions from our clients:

  • What rights does my ex-partner have over a house that is my exclusive property?
    Even if you own the home (for example, because you inherited or bought it before marriage), the judge can grant the use and enjoyment of the home to the other parent if they are granted custody of the minor children because it is the interest most in need of protection.
  • What happens to the mortgage if the house is in the name of both of us but only I pay for it?
    The mortgage is a debt that binds both of you to the bank. If you pay it exclusively on a temporary basis, these amounts will be taken into account and will be paid economically at the time of the division of the common property or the liquidation of the economic regime.
  • Do I have to pay a pension if we are not married but we were a common-law couple?
    In Catalonia, the break-up of a common-law partnership may give the right to financial compensation for work if one of the members has dedicated himself to caring for the family, or to alimony if the break-up generates a situation of need.
  • How are the couple’s bank accounts and vehicles distributed?
    It will depend on your economic regime (separation of assets or community property) and the origin of the money. All balances and investments must be audited in detail to ensure an equitable and fair distribution.


All these unknowns must be strategically resolved before filing the lawsuit.

At FALGAS.Net we transform legal complexity into clear, secure and definitive solutions for you and your loved ones.

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972 503 516