Family Law in Gibraltar: Expert Legal Guidance for Divorce, Child Custody, and Inheritance
Family law in Gibraltar governs relationships between family members, including matters related to marriage, divorce, child custody, and inheritance. Given the sensitive nature of these issues, professional legal advice is often necessary to ensure that matters are resolved fairly and in accordance with the law.
Divorce Law in Gibraltar
Divorce is the legal process by which a marriage is formally dissolved. In Gibraltar, divorce proceedings can be initiated if the marriage has irretrievably broken down. The grounds for divorce include:
- Adultery: One spouse has committed adultery, and the other finds it intolerable to continue living together.
- Unreasonable Behaviour: One spouse’s behaviour makes it impossible for the other to continue the marriage.
- Desertion: One spouse has deserted the other for a continuous period of two years or more.
- Separation: The couple has been separated for two years (if both parties consent to the divorce) or five years (if only one party consents).
Once the grounds for divorce are established, the court will consider arrangements for children and financial settlements. Both parties are encouraged to come to an agreement, but if this is not possible, the court will decide on these matters.
Child Custody and Access
In cases of divorce or separation, the court must decide on child custody and access arrangements. The overriding consideration is the child’s welfare. Parents are encouraged to agree on arrangements for custody and visitation, but where agreement is not possible, the court will intervene.
The court may award:
- Sole Custody: Where one parent has full custody of the child, and the other has visitation rights.
- Shared Custody: Where both parents share custody, and the child spends time living with each parent.
The court will also consider the child’s best interests when determining matters of education, healthcare, and upbringing.
Inheritance Law
Inheritance law in Gibraltar governs how a person’s assets are distributed after their death. If a person dies without a will, their estate will be distributed according to the rules of intestacy. These rules set out how the estate should be divided among surviving family members, including the spouse, children, and other relatives.
To avoid disputes and ensure that your wishes are followed, it is important to draft a will that clearly sets out how your assets should be distributed. A solicitor can assist with drafting a legally valid will, ensuring that all requirements are met.
Mediation in Family Law
Where possible, family disputes can be resolved through mediation rather than court proceedings. Mediation allows both parties to discuss their issues with the help of an impartial mediator, with the goal of reaching a mutually agreeable solution. Mediation can be particularly helpful in child custody and financial matters, where an ongoing relationship between the parties may be necessary.
