First contact
Briefly explain who is contacting the practice, the kind of situation and any date you already know. Do not send intimate details or documents at this stage.
Family Law · Almería, Spain
Family matters, people and support.
A family situation may call for decisions about living arrangements, responsibilities or support for someone close to you. I assess each matter individually, with particular attention to support for the exercise of legal capacity and issues affecting older people.
We begin by understanding the situation, who needs advice and which decisions are actually pending.
Matters to assess
Before choosing a route, understand the circumstances.
A family concern can involve several questions at once: relationships between relatives, care arrangements, use of property or decisions affecting a person who may need help. I do not assume that every disagreement should become court proceedings. The starting point is the facts and the documents available.
If you have received a document with an approaching date, mention it in your first message. Its significance and any actual deadline can only be checked against the document itself.
COMMON STARTING POINTS
What we can discuss
- Separation, family relationships and responsibilities concerning children.
- Disagreements about care and the organisation of family decisions.
- Situations in which a person may need support to exercise rights and make decisions.
- Reviewing an existing order, arrangement or measure after circumstances change.
The work depends on the matter and on who the client is. Potential conflicts of interest must be checked where family members have opposing interests.
Legal capacity and older people
Support decisions, rather than automatically replacing them.
Under article 249 of the Spanish Civil Code, support measures are guided by respect for the person’s dignity, will, wishes and preferences, and by necessity and proportionality. Age alone does not establish that a measure is needed.
An initial consultation can identify what help is already available, what the person wants and which specific decisions are difficult. We can then consider whether there are voluntary arrangements, sufficient support in practice or another route to assess. A court measure is not an automatic answer.
USEFUL QUESTIONS
What needs to be clarified
- Who is seeking advice, and what is known about the person’s own wishes?
- Which specific decisions need support, and what assistance already exists?
- Are there earlier documents, powers of attorney, arrangements or court proceedings?
Article 255 of the Spanish Civil Code allows a person to plan certain support measures in a public deed. Whether that is suitable depends on individual circumstances.
How an instruction begins
An initial assessment with context.
I work from Almería and can discuss matters connected with Spain in English or Spanish. Where facts cross borders, jurisdiction and applicable law need separate assessment; this page does not offer advice on foreign law.
Initial review
We identify who the client would be, check for potential conflicts of interest and agree on a suitable channel for any documents.
Options and scope
Once the relevant background is available, we define the work, the options worth assessing and the next steps before I accept the instruction.
Common questions
What to know at the outset.
Does old age itself call for a court measure?
No. The individual’s actual circumstances, wishes, specific decisions and available support must be considered. Age alone does not determine whether a measure is needed.
Can I enquire from outside Spain?
Yes, if the matter has a connection with Spain. The competent authority and applicable law must be assessed in the particular case; residence or nationality alone do not settle the question.
Which documents will I need?
That depends on the matter. An existing order, agreement or previous document may be relevant, but start with a short description rather than sending confidential information. We can arrange a suitable channel afterwards.
Lawyer responsible
Juan Francisco
Martín Padilla
A lawyer registered with the Almería Bar Association (Ilustre Colegio de Abogados de Almería), no. 3668. My professional experience since 2012 combines legal practice and property management.
Listening to the people involved, distinguishing established facts from open questions and explaining options clearly are part of assessing an instruction. I can communicate in Spanish and English.
Also: Spanish property and real estate lawContact
Tell me about your situation.
Start with the essentials.
Professional contact
info@martinpadillaabogado.comBriefly describe the type of matter and who needs advice. Please do not send intimate details, medical reports or confidential documents until we have agreed on a suitable channel.