As we have been publishing in recent weeks (see for examplehttps://www.alonso-cuevillas.eu/covidfamilia), COVID-19 and the declaration of a state of alarm have affected the development of visitation and shared custody regimes, generating significant problems in many families.

Thus,It is foreseeable that the parents who have not been able to comply with the previously established visitation and shared custody regimes, will want to request compensation for the “lost time”.

On the other hand,many people have been deeply affected by the economic crisis caused by the pandemic, either due to the application of ERTEs, possible company closures, increased unemployment or a drastic reduction in income. These factsmay involve substantial changes in the economic circumstances of the parents, thatmay request modifications of alimony based on their new economic situation(Either reductions due to the impossibility of facing the previously established pension, or requesting its increase, due to the fact that the previously agreed pension becomes insufficient, taking into account the new circumstances of the other parent).

Anticipating that the demands that may arise may be very numerous, both in request for compensation for times not enjoyed, as in request for increases or reductions in previously established food pensions, Royal Decree-Law 16/2020, of April 28, on procedural and organizational measures to deal with COVID -19 in the field of the Administration of Justice, establishes anew special, preferential and urgent procedure.

As established in article 3 of the aforementioned RDL,Claims whose object is:

one)Claims relating torestoring balance in visitation or joint custodywhen one of the parents has not been able to meet the established regime in its strict terms and, where appropriate, joint custody in force, as a result of the measures adopted by the Government and other health authorities in order to prevent the spread of COVID- 19.

two)Review of the definitive measures on marriage burdens, economic pensions between spouses and recognized alimony to the children, adopted in application of the provisions of article 774 of Law 1/2000, of January 7, on Civil Procedure, when the review is based on having substantially changed the economic circumstances of spouses and parents as a result of the health crisis produced by COVID-19.

3)Establishment or review of the obligation to provide maintenance, when said claims are based on having substantially changed the economic circumstances of the relative obliged to said food benefit as a result of the health crisis produced by COVID-19.

When it comes to urgent matters,Claims must be submitted to the Court during the validity of the state of alarm and up to three months after its completion, the intervention of a lawyer and attorney being mandatory.

When the request is justified in the change of economic circumstances,It will be a requirement to provide the official documentation proving the economic impact derived from COVID-19. The RDL expressly cites the supporting documents: certificate issued by the entity managing the benefits in which the monthly amount received in concept of unemployment benefits or subsidies appears, in case of legal unemployment situation, or the certificate issued by the Agency State of Tax Administration or by the competent tax administrations of the Foral Community of Navarra or the Historical Territories of the Basque Country, on the basis of the declaration of cessation of activity declared by the interested party that proves the cessation of activity or decrease in income, in the case of self-employed workers. However, we understand that it should be interpreted that any other document that sufficiently accredits the worsening of the applicant's economic situation may also be provided.

After the claim, the parties will be summoned directly to a hearing that must be held within ten business days(which we will see if in practice it can be respected), so that a resolution can be issued as quickly as possible.

In short, it is about trying to alleviate as much as possible the consequences of the economic and social crisis derived from COVID-19, compensating as far as possible the visitation or custody regimes not enjoyed by the parents and adjusting maintenance pensions for parents in a situation of vulnerability or economically affected by this health crisis.Therefore, any parent who has been affected by COVID-19, either because they have not been able to enjoy the company of their children according to the established visitation or custody regime, or because their economic situation has changed substantially as a result of this pandemic, you can take advantage of this new procedure in order to solve the existing problem more quickly.

Despite the new regulation, it is not idle to remember thatParents can always negotiate in good faith and reach agreements privately to adapt the stipulations of the previous sentence to the new situation.. When the purpose of the modification is to increase or reduce the previously established pensions, for greater legal certainty, it will be advisable to request judicial approval through the procedure already provided for in article 775.2 of the LEC (procedure for judicial approval of modification of measures).

Although the agreement may seem impossible at first glance, the intervention of professionals specialized in matrimonial matters helps, on many occasions, to resolve conflicts more efficiently.

Em vull divorciar. Què faig?

Several studies also predict an exceptional increase in the number of divorces after the state of alarm, in most cases to exacerbate pre-existing marital crises. Apart from various studies published in the media, in our own office we have received a large number of inquiries regarding possible new divorce proceedings.

5 Frequently Asked Questions About Divorce

Encara que l’objectiu teòricament principal sigui la dissolució del matrimoni, en la pràctica adquireixen major importància els efectes inherents a aquest. Li expliquem quines són les preguntes més freqüents durant el divorci.