
Individuals and families
This branch of civil law encompasses a series of documents related to the capacity and civil status of individuals, as well as their relationships with those within their family sphere.
- Powers of attorney; Special and general powers; Powers of incapacitation (preventive)
- Appointment of guardian
- Document of advance directives
- Prenuptial agreements
- Marriages
- Mutual consent divorces
- Formalization of domestic partnerships
- Emancipations
Among others, we have the following types of powers of attorney:
General Power of Attorney (POA): The grantor appoints one or several trustees the power to act on their behalf in various acts, contracts, and legal transactions. The specific content of the POA depends on the grantor’s wishes.
Preventive POA: This type of POA takes effect only if the grantor loses mental competency or lacks sufficient mental capacity. It helps avoid the need for a judicial process to appoint a curator or guardian to handle the grantor’s affairs.
Special Power of Attorney: The grantor provides specific powers related to particular acts, contracts, or legal transactions.
Power of Attorney for Lawsuits: The trustor grants the necessary power required in courts and tribunals (or other administrative bodies) to enable lawyers and solicitors to act on their behalf.
Document of Advance Directives: The grantor outlines guidelines and instructions to be followed in case they are unable to express their will regarding critical medical and health decisions.
Marriage: The notary public can formalize marriage licenses and perform the marriage ceremony. In the first scenario, the notary public is appointed by the corresponding Chamber of Notaries, while in the second scenario, both contracting parties can choose the notary public.
Marriage Contract: Spouses or future spouses agree on the economic regime their marriage will follow (separation of assets, joint assets, etc.).
Divorces: The notary can authorize a divorce between two individuals if they don’t have minor or legally incapacitated children in common. In such cases, the presence of a lawyer is essential.
Appointment of Guardian or Curator: The grantor appoints one or more trustees to act as guardians or conservators in the event of their own incapacity. The grantor can also designate these positions for any minor children under their parental authority in case of incapacity.
Civil Unions: This document formalizes the relationship between two legally adult or emancipated individuals who maintain an affective relationship similar to a conjugal one. The notary sends the document to the registry of civil unions of Catalonia.
Naturalizations: Individuals who have been granted Spanish nationality issue a solemn declaration of oath or promise of fidelity to His Majesty the King of Spain and obedience to the Spanish Constitution and other laws.
Deeds or Acts of Family Reunification, Invitation, or Financial Responsibility: These documents express the requestor’s willingness to reunite with or invite certain people (usually other family members) according to the laws and administrative regulations of the country. The grantor takes responsibility for covering all expenses incurred by the person being reunited or invited to Spain.
Travel Authorizations: Parents, as holders of parental authority, authorize their minor child to make an international trip through this document.