In Spain, the parties to a proceeding may introduce changes in measures taken in these proceedings. Such changes may be made by submitting the application form along with the relevant divorce or custody agreement to court.
What happens if there is no agreement? The spouse or partner willing to introduce changes shall submit a claim stating the measures he/she wishes to amend and evidencing the change in circumstances that justifies the said amendment.
Spain courts require a number of circumstances in order to receive the said claim:
- Circumstances must arise following the judgment where the measures were taken.
- Objective change, not arising as a result of the claimant´s will.
- The change is relevant and it affects the essence of the measure that intends to change.
- The said change in the circumstances needs to be of permanent nature. Amendments may not be temporary.
Courts will also take into account if the alleged changes in circumstances were foreseeable at the time of taking the measure subject to change. In that case, the change shall not be made.
The most frequent cases of application for changes in measures are:
a) Decrease in child support as a consequence of decrease in the payer´s revenue.
Carbray makes available experts in family law for your case in order to assist and advise before starting any legal proceedings in Spain.