Topic 10 - Family Law Flashcards
What are the ¨¨Economical Systems of Marriage¨¨?
What do these laws let you do?
Group of rules stated by Law to regulate the different patrimonial issues in the matrimony.
The Law grants the spouses the possibility to set their own economic regime. If they don´t do this then, the Civil Code provides a standard system.
How do Marital agreements come in to place?
- It must be granted before a Notary Public and take the form of a public deed.
- It can be agreed before or after the marriage.
i) Before the marriage: the agreement will be effective only if the matrimony takes place WITHIN A YEAR.
ii) After the marriage: the effects shall start from when the public deed is granted.
The marital agreement is null and void (ANULADO) if it goes against the LAW, the CUSTOMS or against the EQUAL RIGHTS that correspond to each spouse.
Deffinition Community Property Regime/(community of gains):
The gains of the spouses during the marriage become joint property of the spouses, and if they terminate the marriage they divide in to 2.
Coexistence of three different patrimonies:
i) Community propert: Gains of the spouses after marriage AND INTERESTS from the two separate patrimonies and the community property itself.
ii) Patrimony of spouse 1: (Spouces assets before marriage, Assets acquired after marriage under gratuitous title (inheritance or donations). iii) Patrimony of spouse 2: (SAME)
What are the causes of Dissolution of the Community Property Regime?
- Divorce
- Annulment of the marriage ( BY THE VATICAN)
- Separation of the spouses ordered by the judge
- Agreement of a new regime in a marital agreement
- Judicial decision at the request of one of the spouses
- Death of one of the spouses
What are the steps in the liquidation of the the Community Property Regime?
Once the community has been dissolved, a liquidation procedure initiates:
- Inventory of assets and debts of the community property.
- Debts must be paid
- The remaining patrimony is divided in half and each spouse wil receive their part.
Definition of the Separate Property Regime:
Each spouse owns the goods that he/she had at the start of the system and during the marriage.
It´s each spouces responsability to document their patrimony.
This regime happens when the spouses agree so or when the community of gains/community of property regime is extinguished and it´s not replaced by another regime.
What happens when the community of gains/community of property regime is extinguished and it´s not replaced by another regime?
Separate Property Regime comes in to place.
Definition of Participation regime:
During the matrimony the everything is like the separate property regime but, after dissolution, they both get 50% 50% participation in the earnings. (unless agreed otherwise)
Necessary accountancy.
HIGH RISK OF FRAUD.
In a community regime tools bought during the marriage. What happens to them?
The spouse that needs them to work will keep them. eg. makeup brushes to work
