Deciding to divorce is only the first step. What comes after — child custody, the family home, spousal support — is where most families run into their biggest conflicts. And it is where a family law attorney in Girona can mean the difference between a manageable process and a prolonged ordeal.

Agreed divorce vs. contested divorce: what is the real difference?

In Spain there are two paths to divorce.

Agreed divorce (divorcio de mutuo acuerdo): Both parties reach a regulatory agreement before going to court. They agree on custody, visitation schedules, child support, use of the family home and, where applicable, spousal compensation. It is faster, less expensive and less emotionally exhausting.

Contested divorce: When no agreement can be reached on one or more points, a judge decides. This can take one to two years or longer if there are appeals. Costs are significantly higher, and the level of conflict — especially where children are involved — can seriously affect the whole family.

The line between the two is not always clear. In many cases, family mediation or preparatory work between both parties' lawyers can turn an initially contested divorce into a settlement before it ever reaches trial.

Shared custody in Girona: what the law says and what courts decide

Catalonia has its own family law framework, governed by the Catalan Civil Code (Book II). Unlike Spanish national law, in Catalonia shared custody is the default arrangement when both parents are fit and maintain a reasonably functional co-parenting relationship.

This means Catalan courts tend to grant shared custody unless there are specific reasons not to: domestic violence, incapacity of one parent, or a demonstrated history of neglect.

What does shared custody mean in practice?

Children spend roughly equal time with each parent (not necessarily alternate weeks — it can be alternate days, weekend arrangements, etc.)
Important decisions on education, healthcare and extracurricular activities must be made jointly
Child support is recalculated based on actual time spent with each parent and each parent's income
The family home may be assigned to the parent with primary residence or agreed to be sold

Sole custody: when it applies

Although it is the minority arrangement in Catalonia, sole custody is still granted when:

There is a proven situation of gender-based or domestic violence
One parent shows active disengagement from the children
One parent's work or geographic situation makes shared custody unworkable
The children themselves (with sufficient maturity) express a clear preference

Child support: how it is calculated and when it changes

Child support is not a fixed amount. In Catalonia, courts use the CGPJ's reference tables as a guide, adjusting the figure based on:

Both parents' net incomes
The actual time each parent spends with the children
Ordinary and extraordinary expenses (school, activities, medical)
The family's standard of living before the separation

Support can be modified if circumstances change significantly: if the paying parent loses their job, if the receiving parent's financial situation improves substantially, or if the children turn 18 and continue in education.

Important: Child support arrears are enforceable. Non-payment can lead to wage garnishment, bank account freezes or asset seizure — and in cases of deliberate, repeated non-payment, criminal consequences.

The parenting plan: the document that sets everything in stone

In an agreed divorce, the regulatory agreement (convenio regulador) is the central document. It must cover:

Custody and visitation arrangements

Child support (amount, payment method, annual adjustment)

Assignment of the family home

Spousal compensation (if applicable)

Division of marital assets

A poorly drafted agreement — vague on schedules, silent on extraordinary expenses, or missing an inflation adjustment clause — is a reliable source of future conflict. The gap between a properly drafted legal document and a template downloaded from the internet becomes obvious at the first disagreement.

When do you need a family law attorney in Girona?

Technically, in an agreed divorce with no minor children and no joint assets, it is possible to go through a notary without legal representation. But in practice, most divorces involve at least one of the following:

Minor children
Jointly owned property
Significant income disparity
Pensions or assets accumulated during the marriage
Joint debts or co-signed obligations

In any of these situations, having a specialist family law attorney in Girona is not a luxury — it is the only way to ensure that the agreement reached, or the judgment obtained, genuinely protects your interests and those of your children.

At Sánchez Ruiz Abogados we handle both agreed and contested family proceedings. If you are considering this step, we can help you understand exactly what it would mean for your specific situation before you make any decisions.

Divorce and shared custody in Girona: what you need to know before deciding