Spouses may accept formal separation if they are married for a full three months. In this case, the spouses agree to live separately and separately and to experience some of the feelings of separation without making a final decision on the divorce. The separation of rights means that the spouses no longer live together, i.e. they remove the obligation to live together, but the marriage remains valid without the obligation provisions being made to correct an imbalance. In addition, neither spouse has the opportunity to use the other`s estate to defuse the cost of marriage. Similarly, separation (and even actual separation) puts an end to the presumption of practice that children born less than 300 days after separation are presumed to be the children of their husbands. Shared custody can be agreed in accordance with the consent of the parents (either in the initial proposal for a transaction contract or during the proceedings), with the consent of the Tribunal. In the absence of an agreement, a court may, at the request of a party, order shared custody at the request of a party, taking into account the appropriate protection of the best interests of the child. In some autonomous communities in Spain, shared custody is privileged, which means that shared custody will be the standard rule, unless there are circumstances justifying other regulation (such as Aragon, the Basque Country and, to some extent, Catalonia). Similarly, given the well-being of minors, it is possible to agree on the custody of single-parent families and even mixed or hybrid rules (children in the care of different parents or some children in the care of individual parents and others under joint guardianship).
Many autonomous communities have enacted laws on family mediation through their respective autonomous parliaments, with the exception of the provision indicated – promoted by public charities: Andalusia – Law 1/2009 of 27 February 2009 on family mediation in Andalusia; Aragon – Family Mediation Act 9/2011 of 24 March 2011 in Aragon; Asturias – Family Mediation Act 3/2007 of 23 March 2007; The Canary Islands – Law 15/2003 of 8 April 2003 on family mediation; Cantabria – Law No. 1/2011 of March 28, 2011 on mediation in the Autonomous Community of Cantabria; Castile-La Mancha – Act 4/2005 of 24 May 2005 on professional social service of family mediation; Castilla-Léon – Law No. 1/2006 of April 6, 2006 on family mediation in Castile-Leon; Catalonia (particularly important in this autonomous community, since it has extended its legislative powers in this area, with the provision, in Article 233, paragraph 6, of the Civil Code of Catalonia, that the judicial authority may encourage the spouses to organise an information meeting on mediation if it considers that it is still possible, given the circumstances of the case, to reach an agreement); Valencia – Family Mediation Act No. 7/2001 of 26 November 2001 relating to family mediation in Valencia; Galicia – Family Mediation Act 4/2001 of 31 May 2001; The Balearic Islands – Law 14/2010 of 9 December 2010 on family intermediation in the Balearic Islands; Madrid – Family Mediation Act No. 1/2007 of 21 February 2007 in Madrid; and the Basque Country – Family Mediation Act 1/2008 of 8 February 2008. Following the entry into force of Regulation (EU) No. 1259/2010 on 21 June 2012 and Articles 5 and 8 of the Regulation, spouses may choose the law applicable to their separation or divorce under the rules of the regulation. In the absence of an election, divorce and separation are governed by state law: decisions made by Spanish courts in the context of separation of bodies, divorce and annulment of marriage can be challenged. Within 20 days, the Trial Court, which issued the contested decision and to which the appeal was formally lodged, must appeal; the case falls under the jurisdiction of the competent regional court (Audiencia Provincial).