FL
Inheritance and Family Law
ONTIER SPAIN

Judicial Modification of Measures Dispute



Problem

The client engaged our services to provide advice and to act in arranging the modification of spousal support measures. The measures to be modified consisted in a large separation allowance which had been fixed judicially in favour of a mutual child, without time limits, and was agreed to in difficult and contentious divorce proceedings.



Solution

The main objective of the lawsuit dealt with arguing if the subsequence of children of the separation allowance payer with his second spouse was cause enough for the abolition or, alternatively, modification of, the separation allowance. The strategy consisted in proving the new necessities of the separation allowance recipient, the wealth of the separation allowance payer, in combination with his new family situation, which further required the proving of the income of his new spouse and mother of the children of his second marriage.



Benefit

The claims of our client were granted, both the procedural costs recognising the jurisdiction of the Family Judge (the process of divorce in which they fixed the measures that followed before the Violence Against Women Judge) and the combination of the causes to be able to reduce and temporarily limit the measures initially adopted only a year before.

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