Family lawyer in Alicante: what they do, how to choose one and what it costs

01What a family lawyer in Alicante does

A family lawyer in Alicante deals with the legal conflicts that arise inside a family: the end of a marriage or relationship, the care of the children, the money that supports them, the home they live in and the protection of anyone suffering violence at home. It is the branch of law closest to everyday life, because behind every file there are people who will keep meeting for years: at school, at birthdays, in hospitals.

For foreign residents on the Costa Blanca there is an extra layer: many of my clients married abroad, bought a home in Alicante with a partner of another nationality, or have children with two passports. Spanish family law usually applies if the family lives here, but the paperwork (apostilled certificates, sworn translations, foreign judgments) needs experience. A good family law practice (despacho de derecho de familia) must handle that paperwork and, above all, find the least damaging solution for the family.

Family law and children go together

The guiding principle in every judicial decision about children is the best interests of the child (art. 92 of the Spanish Civil Code), and children with sufficient maturity, and in any case those over 12, have the right to be heard by the judge. I describe how I work in first person in this article (in Spanish) about how I practise as a family lawyer in Alicante.

02Matters a family lawyer handles

These are the matters I deal with every week at my office in Alicante. Each has its own guide; here is the full map.

Divorce and separation

Spain has no-fault divorce: it is enough that 3 months have passed since the wedding (art. 86 Civil Code). Without minor children and with agreement, the divorce can be signed before a notary or the court clerk (art. 87 Civil Code); otherwise it goes through the court. A marriage celebrated abroad can usually be dissolved in Spain if you live here. The convenio regulador (settlement agreement), maintenance and the family home are covered in the guide to a divorce lawyer in Alicante.

Child custody

Shared custody (custodia compartida) or sole custody (custodia exclusiva), how time is divided and what the contact arrangements are. In the Valencian Community the Civil Code applies since the Constitutional Court annulled the regional shared custody law in 2016. See the guide to a child custody lawyer in Alicante and the article (in Spanish) on the requirements for shared custody.

Child support

Child support (pensión de alimentos) is what the parent who does not live with the children, or both parents under shared custody, contribute to their food, housing, education and health (arts. 142 to 153 Civil Code). Failing to pay for 2 consecutive months or 4 non-consecutive months can be the offence of family abandonment (art. 227 Criminal Code). More in the guide to a child support lawyer in Alicante.

Visitation and contact

Alternate weekends, weekday afternoons, summer, Christmas and Easter holidays, calls and video calls. Also the arrangements when one parent lives abroad, very common among international families, and supervised visits at a contact centre.

Unmarried couples

Unmarried partners do not divorce, but with children in common the measures on custody, contact and support follow the same rules. What changes is the property side: there is no community of property and no automatic compensatory maintenance, so the deeds of the house matter a great deal. More in this article (in Spanish) on registered partnerships (parejas de hecho) in the Valencian Community.

Modification of measures

When circumstances change substantially (a move abroad, redundancy, illness, children growing up), a judgment or custody order can be modified through a specific procedure.

Gender-based and domestic violence

When there is violence, the family case passes to the specialised Violence against Women Court (Juzgado de Violencia sobre la Mujer), which also takes over the divorce and the measures concerning the children. A protection order (art. 544 ter of the Criminal Procedure Act) can include provisional civil measures, and victims are entitled to immediate free legal aid. See the guide to a domestic violence lawyer in Alicante.

Grandparents and other relatives

Grandparents can ask the judge for contact with their grandchildren when the parents prevent it (art. 160 Civil Code). I also handle paternity, adoption and parental authority (patria potestad).

03How to choose a family lawyer in Alicante

Many lawyers in Alicante take on family cases without being specialists, and choosing well is the most important decision in the whole process. These are the criteria I would give a friend:

• Real specialisation. Family law has its own procedures (provisional measures, enforcement, hearing of the child) and a local court practice only learnt by handling cases.
• Verifiable bar registration. Every practising lawyer in Spain belongs to a bar association; in Alicante that is the ICALI, whose register is public. My registration number is 5795.
• A written fee agreement (hoja de encargo). Before you start you must know what is charged, by which stages and what is not included (procurador, experts, translations).
• Someone who listens before giving an opinion. A lawyer who tells you in the first minute that you "will win" is not listening; in family law there are no guaranteed victories.
• Clear communication. Plain explanations of every step, replies within a reasonable time and notice before each action. Ask openly whether you will need an interpreter.
• A preference for agreement, without fear of court. The best family lawyer can negotiate a settlement and, when that is impossible, defend you in court without hesitation.

If your case is in Elche, San Juan, Playa de San Juan, Campello or Santa Pola, an Alicante office can handle it: what matters is knowing the right judicial district (partido judicial).

04How I work on family cases

I have practised as a family lawyer in Alicante since 2002, and the cases with the best outcomes are the ones prepared well from day one. This is how I work:

1. An unhurried first meeting. We meet at my office at Calle Isabel La Católica 9, in the centre of Alicante, by appointment from Monday to Friday. I listen, review your documents and tell you honestly what can be achieved and what cannot.
2. A written strategy. Before taking any step I propose a plan: what we will ask for, in what order, with what evidence and what the alternatives are.
3. Agreement when it is worth it. A negotiated settlement is usually faster, cheaper and longer lasting than an imposed judgment, but never at the price of an agreement that harms you.
4. A well-prepared trial. When court is unavoidable, we prepare your testimony, witnesses, reports and documents together.
5. After the judgment. Unpaid support, breaches of contact arrangements, changed circumstances: I stay by your side to enforce or modify it.

A note on language, because I prefer to be upfront: consultations at my office are held in Spanish. If you need an interpreter, say so when you write to me on WhatsApp and we will arrange one. Everything you tell me is protected by professional secrecy, and any other professionals (psychologists, experts, sworn translators) are proposed with their cost beforehand. To get started you can book an appointment or write to me on WhatsApp.

05Agreement or contested proceedings: which is better

Almost every family matter can be resolved by agreement or by a decision of the judge, and the difference in time, cost and emotional wear is enormous.

My advice is always to try for agreement, with clear limits: never give up custody or fair support just to avoid conflict. Since Organic Law 1/2025, Spanish law also encourages prior negotiation in civil matters, with specific rules for certain family proceedings. For international couples, a settlement is also easier to have recognised abroad than a contested judgment.

06How much a family lawyer in Alicante costs

It is the question everyone brings written down and rarely dares to ask out loud. Family law fees depend on the type of matter, on whether there is agreement and on the time required. There are no official tariffs in Spain: each office sets its own fees and must give them to you in writing in the fee agreement. As an indication only:

• A divorce by mutual agreement is usually the most economical matter, because a single lawyer can act for both spouses and it is resolved in a few weeks.
• A contested divorce or custody procedure costs more, because it includes the claim or the defence, provisional measures if needed, the hearing and, where applicable, the appeal.
• A modification of measures or an enforcement for unpaid support has an intermediate cost.
• Costs outside the lawyer (procurador, experts, notary, sworn translations and apostilles) are budgeted separately.

At my office I work with a fixed budget per stage whenever possible and offer payment facilities in long cases. You will never receive an unexpected invoice.

Free legal aid

If your income is below the thresholds of Law 1/1996 (in general, up to 2 times the IPREM index for a single person, 2.5 times for a family of fewer than 4 members and 3 times for 4 or more), you can apply for a legal aid lawyer at the ICALI Legal Guidance Service (Servicio de Orientación Jurídica), on the same terms as Spanish nationals. Victims of gender-based violence get immediate free legal aid.

07Family courts in Alicante and the province

In the city of Alicante, family matters are shared between the first instance courts with family jurisdiction, now part of the Tribunal de Instancia after Organic Law 1/2025, and the Violence against Women Court when criminal proceedings are open. Most of these courts are at the Ciudad de la Justicia on Avenida Aguilera; the summons always states the exact address.

As a general rule, the competent court is the one for the last family home or where the minor children live. I also handle cases in the judicial districts of the province: Elche, San Vicente del Raspeig, Benidorm, Torrevieja, Orihuela, Denia and Elda. If the other parent has moved back to the UK, Germany or the Netherlands, jurisdiction must be checked before anything is filed.

What happens in court

A contested family procedure usually has these parts: the claim and the defence, a hearing on provisional measures if requested, the hearing of the child where appropriate (in an adapted setting, without the parents), the psychosocial report if the judge orders one, the main hearing and the judgment, which can be appealed to the Alicante Provincial Court (Audiencia Provincial). Documents in another language are filed with a sworn translation.

08Common mistakes before seeing a lawyer

After more than twenty years of family cases in Alicante, these are the mistakes I see most often:

• Leaving the home without advice. Moving out of the family home without an agreement or court measures can affect who is granted its use and the custody arrangements.
• Stopping payments "until there is a judgment". The children's expenses do not stop, and once there is a court order non-payment can be a criminal offence.
• Taking the children to another country without consent. Relocating minors needs the other parent's agreement or court authorisation; otherwise it can be treated as international child abduction.
• Agreeing verbally and signing nothing. Verbal deals are forgotten or denied; everything you agree should go into a court-approved settlement.
• Writing messages in the heat of the moment. WhatsApp messages are filed as evidence. Write as if the judge were going to read it.

Before coming to see me, gather the documents in the checklist below and write a short timeline of what has happened.

How a family case is handled, step by step

1. 1
   First consultation

   We meet at the office, go through your situation and documents, and I explain the options, timings and costs.

2. 2
   Strategy and fee agreement

   We sign the fee agreement and set the plan: what to ask for, with what evidence and in what order.

3. 3
   Attempt at agreement

   I contact the other party or their lawyer to negotiate a settlement. If one is reached, it is filed for approval and the case ends.

4. 4
   Claim or defence

   If there is no agreement, we file the claim (or answer the one you received) at the competent court, with evidence and translations ready.

5. 5
   Provisional measures

   When custody, support or use of the home must be fixed urgently while the case is pending, they are requested at a quick hearing.

6. 6
   Hearing and judgment

   The trial takes place with examinations, witnesses and experts, and the judge issues a judgment, which can be appealed.

7. 7
   Enforcement and follow-up

   If the other party does not comply, we apply for enforcement; if circumstances change, we request a modification.

Frequently asked questions