We continue with the Voluntary Jurisdiction Law, referring to family issues.
1.- OF THE WAIVER OF THE MARRIAGE IMPEDIMENT
A) Regulation
thoroughly.- Article 47.3 Civil Code.- Nor can they marry each other: (...) 3rd Those convicted of having participated in the willful death of the spouse or person with whom they had been united by an analogous relationship of affectivity to the conjugal one.»
b´) Procedure. Articles 81 and following of the Voluntary Jurisdiction Law.
B) Competition. Judge of 1st Instance of the domicile or, failing that, of the residence of any of the contracting parties
C) Application.- The intervention of a non-attorney lawyer is not necessary-
D) Legitimation.- The spouse in whom the impediment to marriage concurs.
2.- JUDICIAL INTERVENTION IN CASE OF DISAGREEMENT IN THE EXERCISE OF PARENTAL AUTHORITY.
A) Regulation
thoroughly.- Articles 156 and 157 CC. In Catalonia 236-13 and 236-16.3 CCCat
b´) Procedure. Article 86 of the Voluntary Jurisdiction Law. B) Competition. Judge of First Instance Court of First Instance of the domicile or, failing that, of the child's residence.
C) Application.- The intervention of a non-attorney lawyer is not necessary-
D) Legitimation.- Both parents, individually or jointly. If the holder of parental authority is an unemancipated minor, his parents will also be legitimized and, in their absence, his guardian.
3.- JUDICIAL INTERVENTION FOR THE ADOPTION OF PROTECTION MEASURES RELATING TO THE INAPPROPRIATE EXERCISE OF THE POWERS OF GUARDIAN OR ADMINISTRATION OF THE ASSETS OF THE MINOR OR PERSON WITH JUDICIALLY CHANGED CAPACITY
A) Regulation
thoroughly.- Articles 158, 164, 165, 167 and 216 CC. In Catalonia 236-3 and 236-16.3 CCCat and 222-28 CCCat
b´) Procedure. Article 87 of the Voluntary Jurisdiction Law.
B) Competition. First Instance Judge First Instance Court the domicile or, failing that, the residence of the minor or person with legally modified capacity
C) Application.– The intervention of a non-attorney lawyer is not necessary-
D) Legitimation.- By the ex officio judge or at the request of the affected person, any relative or the Public Prosecutor's Office. When they are requested with respect to a person with judicially modified capacity, they may also be adopted at the request of any interested party.
4.- JUDICIAL INTERVENTION IN THE EVENT OF DISAGREEMENTS BETWEEN THE SPOUSES AND IN THE ADMINISTRATION OF COMMUNITY PROPERTY.
A) Regulation
thoroughly.- Articles 70, 1318, 1376, 1377, 1387, 1388, 1389 CC. (Summarized in article 90 LJV) . In Catalonia 231-3 CCCat
b´) Procedure. Article 90 of the Voluntary Jurisdiction Law.
B) Competition. Judge of 1st Instance of what is or would have been the last domicile or residence of the spouses.
C) Application.- The intervention of a non-attorney lawyer is not necessary-
D) Legitimation.– Request of the spouses, individually or jointly.
5.- OF THE CELEBRATION OF THE MARRIAGE
One of the most striking measures of the Voluntary Jurisdiction Law is the possibility of celebrating marriages before a Notary. We will differentiate the transitional regime until June 30, 2017, and the one in force since July 1, 2017.
a) Transitional regime (until June 30, 2017). Transitory Provision 4 of the Voluntary Jurisdiction Law.
1.- Marriage file. It is processed in accordance with the Civil Registry Law of 1957 and its Regulations. The order of the Civil Registry of the domicile of any of the contracting parties is competent.
2.- Marital consent.- Pursuant to the aforementioned transitory provision, the following may be provided: 1. The Judge in Charge of the Civil Registry and the Justices of the Peace by delegation of the former; 2. ° The Mayor of the municipality where the marriage is celebrated or councilor in whom he delegates; 3rd The court clerk or Notary freely chosen by both contracting parties who is competent in the place of celebration; 4th The diplomatic or consular official in charge of the Civil Registry abroad.
The provision of consent in the event that it is notarized requires a deed granted by the contracting parties and two witnesses, which will be sent to the Civil Registry.
a) Regime from July 1, 2017).
1.- Marriage file. It is processed in accordance with the Civil Registry Law of 2011 (article 50 LRC). The Notary of the place of domicile of any of the contracting parties, the Court Clerk or Person in Charge of the Civil Registry of the domicile of one of the contracting parties is competent for its processing.
2.- Marriage consent.- Once the file is resolved favorably by the Court Clerk, the marriage may be celebrated before the Court Clerk or another Court Clerk, Justice of the Peace, Mayor or Councilor whom he delegates, at the choice of the contracting parties. If it has been processed by the person in charge of the Civil Registry, the marriage must be celebrated before the Justice of the Peace, Mayor or Councilor in whom he delegates, that the contracting parties designate. Finally, if it was the Notary who issued the marriage certificate, the contracting parties may grant consent, at their choice, before the same Notary or a different one from the one who processed the previous certificate, the Justice of the Peace, Mayor or Councilor in whom it delegate. The provision of consent must be carried out in the manner provided in the Civil Code.
In the case of marriages before a Notary Public, articles 50 and 51 of the Notary Law must also be observed.
6.- DETERMINATION OF THE MARRIAGE ECONOMIC REGIME.
With entry into force on July 1, 2017, article 60 of the Civil Registry Law of 2011 establishes, for the first time, the need to record the matrimonial regime in any case, which had raised so many doubts up to now.
As of its entry into force, together with the marriage registration, the matrimonial economic regime will be registered legal or agreed that governs the marriage and the pacts, judicial resolutions or other facts that may affect it.
In the matrimonial file, the matrimonial economic regime that is applicable must be recorded, by application of the connection points of article 9.2 Civil Code, as established in article 50.6 LRC, that once the previous procedures have been carried out, the Court Clerk, Notary Public or Person in Charge of the Civil Registry that has intervened will finalize the minutes or issue a resolution stating (...) the determination of the matrimonial economic regime that is applicable.
As a novelty, the matrimonial economic regime that is applicable to an already registered marriage may be recorded when it was not previously recorded and capitulation deeds are not provided, for which the processing of an act of notoriety will be necessary.
This record is processed in accordance with the provisions of article 53 of the Law of Notaries.
7.- SEPARATIONS AND DIVORCES BY MUTUAL AGREEMENT AND WITHOUT UNEMANCIPATED MINOR CHILDREN OR WITH MODIFIED CAPACITY THAT DEPENDS ON THEIR PARENTS.
a) Regulation. Articles 82, 83, 84, 89 and 90 CC, and article 54 Law of Notaries. In Catalunya 233-2.3 CCCat, regarding the content of the Regulatory Agreement.
B) Competence. Notary or Court Clerk of the last common domicile or of the domicile or habitual residence of any of them. By application of procedural regulations,
C) Postulation.– Legal assistance is required. Not attorney.
D) Legitimation.– Both spouses by mutual agreement.
