3 key points of the new Family Law in Spain

The new Family Law in Spain was passed on 28 March to provide a solution to the problems faced by workers in reconciling work and family life.

The law defines new types of familiesincludes three reconciliation leavestates that fathers will be able to bring forward their paternity leave by 10 days to care for the mother in the time leading up to childbirth and facilitates a new 100 euros per month per child under 3 years of age, among others.

Here's everything you need to know about it.

Family Law in Spain: new work-life balance permits

• Among the new work-life balance permits, it is worth mentioning the leave with pay to 100% for 5 days a year to care for of a family member (up to the second degree) or a non-related partner, which employees may use in the event of an accident, serious illness, hospitalisation or non-hospitalised surgery requiring rest.

• 8 weeks unpaid leave (continuous or spreading the weeks discontinuously over 8 years), for childcare children under 8 years of age. 

• And finally, the paid leave of up to 4 days per year for urgent family reasons. The worker can use this leave by hours or days up to a total of 4 days per year. For example, as stated in Ione BelarraIn case you get a call from the school because your child has been taken ill.

Companies cannot dismiss workers who are on work-life balance leave

The new Family Law protects workers and, in the case of dismissal, the dismissal will be considered null and void.

Families Act in Spain: foster care income 100 euros per child under 3 years of age

The Family Law extends the 'nurturing income' of 100 euros per month per offspring under 3 years of age, up to that age.

They will be eligible for this support:

• Mothers who are receiving unemployment benefit, contributory or otherwise.
• Mothers in part-time or full-time employment.
• Single-parent families because one of the parents has been in prison for more than one year or has been in prison.
• Mother or father who has full custody of a child under three years of age.
• Families with two same-sex parents.

On the other hand, persons who are inactive or are not paying contributions, or those who are receiving the Minimum Living Income with child allowance.

What types of families does the Family Law in Spain recognise?

• Two-parent family.
• Single-parent' or 'single-parent' family, where there is only one parent.
• Young family. A young family shall be understood to be a family made up of a person under 29 years of age and their children or 2 persons under 29 years of age who are married or in a common-law relationship and their descendants.
• Homomarental and homoparental LGTBI family.
• Family with increased needs for parenting support
• Multiple families. Refers to families in which there are multiple births, adoptions or foster care.
• Reconstituted family. In this case, one of the partners will have children from previous relationships.
• Immigrant family.
• Transnational family.
• Intercultural family.
• Family abroad.
• Returning family.
• Family in vulnerable situations.
• Single persons.
• Persons united in marriage.
• Unmarried couple.

The new Family Law eliminates the term "large family".

The new Law on Families eliminates the term 'large family' and introduces a new concept: "Law for the Protection of Families with greater needs for parenting support", which includes families recognised until now as "large" and, in addition:

• Single-parent' families with 2 children.
• Families with 2 children in which an ascendant or descendant has a disability.
• Families with 2 children headed by a victim of gender-based violence.
• Families where one spouse has been granted sole custody without maintenance.
• Families with 2 children where one parent is in hospital for 1 year or has been in prison.

When does the Family Law come into force in Spain?

In accordance with the provisions of the Preliminary draft of the Family Lawadopted at first reading in December, the law shall enter into force on the 20th day following its publication in the Official State Gazette.

Family Lawyer in Spain

If you need to consult any point of the new Family Law in Spain or request any other service in Family Law, we will be happy to listen to you, advise you and guide you to the right path.

You can consult our family law services at this link or contact our team via this form.