Individuals
Family and inheritance lawyer in Barcelona
Family and financial decisions —separation, child custody, a will or an inheritance— are best made calmly and in an organised way. We establish which legislation applies, including Catalan civil law where appropriate, seek lasting agreements where possible and defend your interests where agreement is not possible.
At a glance
- The Catalan Civil Code has its own family and succession rules. Its application depends on choice-of-law rules and the case's circumstances; simply living or having proceedings in Catalonia is not enough.
- When a couple with minor children separates, a parenting plan is submitted: the child's interests are central.
- Inheritance tax in Catalonia must be filed within six months of death, even where relief applies.
Situations in which we can help
Divorce and separation
By agreement or through contested proceedings.
Custody, contact and child maintenance
Arrangements for living with children and contributing to their expenses.
Settlement agreement and parenting plan
Drafting and negotiation of balanced agreements.
Housing and compensatory maintenance
Use of the family home and financial provision between spouses.
Wills and succession planning
Organising assets during life and avoiding future disputes.
Inheritance and reserved shares
Acceptance, partition and claims for the reserved share.
Family mediation
Reaching agreements without going to trial.
Two common pathways
Every family is different; these steps arise in almost every case.
If a relationship ends
- Choose the route: agreement or court proceedings.
- Agree the parenting plan: custody, housing, holidays and expenses.
- Resolve maintenance: child support and, where appropriate, compensatory maintenance.
- Settle the matrimonial property regime and divide assets and debts.
If a relative has died
- Obtain the death certificate and certificate of last wills.
- Locate the will or arrange a declaration of heirs.
- Decide whether to accept, accept with benefit of inventory or disclaim.
- File tax returns, partition assets and execute the deed.
How we work
Listen and organise
We understand your situation and collect the necessary documents.
Explain options
We explain the routes, deadlines and costs of an agreement or proceedings.
Negotiate or mediate
We seek a reasonable agreement and use mediation where appropriate.
Formalise or defend
We formalise the agreement or defend you in court.
Deadlines and points to bear in mind
- Inheritance tax
- The general tax deadline is six months from death. An extension must be requested within the first five months and may generate interest. In Catalonia, spouses and stable partners may apply a 99% tax credit; for other relatives, the percentage depends on applicable rules and circumstances. There is no general 99% tax credit for all descendants and ascendants. Municipal land-value increase tax must also be reviewed where applicable.
- Accepting an inheritance
- Before accepting, it is advisable to establish the assets and debts. Mechanisms such as benefit of inventory can limit liability.
- The reserved share in Catalonia
- It amounts to one quarter of the estate's value, divided between the entitled relatives (generally the children) and usually paid in money.
- Varying arrangements
- Measures established by a judgment or agreement can be varied if circumstances change substantially.
Frequently asked questions
Is an agreed or contested divorce better?
An agreed divorce is usually quicker, less expensive and less stressful. With minor children, it is handled by the court under an agreement protecting their interests; without them, it can also be completed before a notary. If agreement is impossible, contested proceedings are used.
What is a parenting plan?
In Catalonia, it is a document accompanying the application or agreement, detailing how parental responsibilities will be exercised: housing, time with each parent, holidays, school, expenses and communication. It is compulsory when couples with minor children separate.
How is custody decided?
The child's best interests are the criterion. Shared custody is an option assessed in each case; there is no single formula. Each parent's previous involvement, proximity of homes, children's ages and the parents' relationship are considered.
What is the reserved share and how much is it in Catalonia?
It is the portion of the estate legally reserved for certain relatives, generally children. In Catalonia it amounts to one quarter of the estate's value, divided between entitled relatives. It is a monetary claim and does not confer specific assets.
What should I do if the will excludes me?
We first check the will, reserved share and possible grounds for disinheritance, then assess available agreements or actions. Every family is different.
What should I do during my lifetime to avoid disputes?
Make a notarial will, organise assets, consider gifts and Catalan-law succession agreements such as an heredamiento, and discuss them with the family. We plan this in light of your tax position.
Guides on Family and Inheritance
General information to help you prepare before we assess your case.
General information, not advice. Each case needs individual study. Deadlines and rules may change.
Contact
Tell us about your case.
Briefly tell us what you need. We will review your message and contact you to discuss an initial consultation. The consultation carries a fee, which we will explain in writing before confirming it.