Court Ruling: New Rules for Divorced Couples
A complex divorce case has concluded in Cáceres, drawing attention due to its unusual circumstances. The provincial court has issued a ruling that changes the living arrangements of the former family home. Now, the mother who lives with her children must leave the apartment within a year, as she has started a new relationship and moved in with her partner.
Child Custody and Visitation: Prioritizing the Well-being of Minors
Initially, the court for cases involving violence against women granted the mother custody of the children, while maintaining joint parental responsibility. A flexible visitation schedule with the father was set for the older son, who is 17. The younger child, aged 11, had not been in contact with his father for some time; therefore, a gradual transition to visits was arranged. The appeals court upheld these measures, taking into account the children’s wish to stay with their mother and the fact that the father is serving a prison sentence until 2027. Judges emphasized that all decisions were made in the best interest of the minors and with consideration of their views.
Home Loses Family Status: New Living Arrangements After Divorce
The key issue in the case was the right to use the apartment. The court established that the mother is living in the former family home with her new partner. According to current legal practice, this circumstance strips the property of its status as a family home. As a result, the court limited the mother and children’s right to reside there to one year. After this period, the former spouses must either sell the apartment or reach an agreement on its division and compensation. The court emphasized that the right to use the property is not indefinite and remains in effect only as long as it serves the interests of the former family. Once a new cohabitation begins, this right ends.
Child support and additional expenses: parents’ financial responsibilities
During the proceedings, the amount of child support was discussed. The father requested to reduce the payments to €100 per child and to shift all additional expenses to the mother. The court rejected these demands, maintaining the amount at €200 per child with annual indexation. Additional expenses will continue to be split equally between the parents. Despite the father’s unstable income, the court took into account his side jobs and financial help from relatives, confirming his ability to pay. The mother, on her part, has a stable income and is paying the mortgage.
When can child support be reviewed: realistic options
The amount of child support can be changed if one of the parents experiences a significant change in financial circumstances or if new factors arise, such as job loss, the birth of other children, or changes in the needs of the minors. To do this, you must apply to the same court that issued the original decision and prove the significance and duration of the changes.
Pension for the ex-spouse: denied due to lack of financial imbalance
The court also considered the issue of a compensatory pension for the father, but found no grounds to grant it. Over 24 years of marriage, taking into account the employment history of both spouses, there was no significant deterioration in the financial situation of either party after the divorce. Compensatory payments are only granted when there is clear financial inequality resulting from the marriage, which was not found in this case.
Why this decision matters for future housing disputes
The court’s ruling in Cáceres has become an important precedent for similar cases. It emphasizes that the right to live in the former family home cannot be maintained indefinitely if the family structure changes. This approach promotes more transparency and fairness in resolving disputes between ex-spouses and also takes into account the interests of the children and the financial positions of both parties.
