Individuals and Families

Individuals and Families

This branch of civil law encompasses a range of documents related to the capacity and civil status of individuals, as well as their relationships within the family sphere.

These include the following:

Powers of Attorney (General, Special, Preventive)
Appointment of Guardians
Advance Directives
Prenuptial Agreements
Marriages
Mutual Consent Divorces
Formalization of Domestic Partnerships
Emancipations

Types of Powers of Attorney:

  1. General Power of Attorney (POA): The grantor appoints one or more trustees to act on their behalf in various legal transactions, including contracts and acts. The content of the POA is tailored to the grantor’s wishes.
  2. Preventive POA: This POA takes effect only if the grantor loses mental competency or lacks sufficient mental capacity. It helps avoid the need for a judicial process to appoint a curator or guardian to manage the grantor’s affairs.
  3. Special Power of Attorney: The grantor grants specific powers related to particular acts, contracts, or legal transactions.
  4. Power of Attorney for Lawsuits: This POA enables lawyers or solicitors to represent the grantor in legal proceedings before courts, tribunals, or other administrative bodies.
  5. Document of Advance Directives: The grantor provides instructions regarding their medical and health decisions in the event they are unable to express their will.

Marriage and Divorce:

Marriage: A notary public can formalize marriage licenses and conduct the marriage ceremony. The notary is appointed by the relevant Chamber of Notaries, or the parties can choose the notary for the ceremony.
Marriage Contract: Future spouses agree on the economic regime of their marriage (e.g., separation of assets, joint assets).
Divorce: The notary can authorize a divorce if there are no minor or legally incapacitated children involved. In such cases, a lawyer’s presence is mandatory.

Other Legal Documents:

Appointment of Guardian or Curator: The grantor can appoint one or more trustees to act as guardians or conservators in case of their own incapacity, or for minor children under their care in the event of incapacity.
Civil Unions: This document formalizes the relationship between two legally adult or emancipated individuals who maintain a relationship similar to marriage. The notary submits this document to the Civil Unions Registry of Madrid.
Naturalization: Individuals who have acquired Spanish nationality declare an oath or promise of loyalty to the King of Spain and pledge obedience to the Spanish Constitution and laws.
Deeds of Family Reunification, Invitation, or Financial Responsibility: These documents express the requestor’s willingness to reunite or invite family members to Spain and take responsibility for their expenses according to the relevant legal regulations.
Travel Authorizations: This document allows parents or guardians to authorize their minor child to travel internationally.