La privatizzazione del diritto di famiglia in Spagna

Di Maria Camino Sanciñena Asurmendi -

Nowadays the privatization of Family Law in Spain has more numerous and deeper manifestations. Its beginning would be pointed out in the Spanish Constitution of 1978. Several features show this. First, divorce was introduced in 1981: as casual divorce in the beginning, later on it is admitted divorce like unilateral desisting in 2005. Other change has been made in order to remove some decision making in the areas of separation and divorce from the hands of judges and transfer them to notaries. Referring to the cohabitation, marriage is became merely a formality, except in the case of so-called marriage of convenience, in which, although two people marry, their intention is not to become husband and wife, but rather to avail themselves of ius matrimonii nationality laws.