The latest data offered by the National Institute of Statistics (INE) on "Nullities, Separations and Divorces" has offered interesting results for the family.
In 2017, almost one in three divorces in Spain ended up in joint custody: that is to say, that the father and mother take equal care of the minor children.
We tell you the causes that seem to be behind this rise.
The data from this INE survey are enlightening to make an updated radiography of Spanish families.
In Babies and more Shared custody as a preferred modality in Spain, is it the best for children?We know now that most of the couples who divorce they got single to marriage, They are over 45 years old and are parents juvenile. In addition, they came to separate by mutual agreement. We draw it in conclusion because:
In 2017, 102,341 couples were divorced, separated or obtained marriage annulment, one percent more than the previous year.
77.2% of those divorces, separations or civil annulments were by mutual agreement.
32.8% of divorces and 53 percent of separations occurred after 20 years of marriage or more.
The highest number of divorces between different sex spouses took place in between 40 and 49 years (both men and women), ages similar to those of 2016.
Attending to the marital status of the spouses when they got married, most were single. Only 8% were already divorced and 0.5% were widowers.
43.3% of the marriages corresponding to separation or divorce resolutions had no children (economically dependent minors or elders).
These are the figures by Communities, according to INE.
Alimony of the father and custody of the mother
The data from the latest INE survey shows that the payment of alimony remains a matter for parents, although there are variations:
In 57.0% of cases of divorce and separation of spouses, an alimony was assigned (57.6% in the previous year): it corresponded to the father in 71%, in 4.5% in the mother, and in 24.5% in both.
It means that compared to the previous year, in 2017 the trend suggests that mothers begin to have more weight in this responsibility.
In addition, this leads to a decrease in custody of minor children granted to mothers (65% compared to 66.2% & in 2016) and an increase in shared custody (30.2% versus 28.3% the previous year).
Evolution of shared custody
This regime, in which both parents share equally the care of their descendants, has tripled in just 10 years: in 2007, according to the INE, the judges only granted it in one of every 10 custody cases, although shared custody has been included in our Civil Code since 2005.
But this law applies only if both parents agree. If not, it applies when only one claims it and if it obtains a favorable report from the prosecutor.
Therefore, given that most of the sentences advocate in favor of women, five autonomous communities began to apply their own regulation as of 2011. They are: Catalonia, Aragon, Navarra, the Basque Country and the Valencian Community, although the Constitutional annulled the last in 2016 "Because it invaded the powers of the State."
It is precisely these communities, in addition to the Balearic Islands and La Rioja, that register the most shared custodians: 40%, according to the INE.
A change of mentality of our society and own regulations in some autonomous communities, could explain the rise of shared custodians. But is it the best solution for children?
The Supreme Court seems to bet on 'yes', since in 2013, it considered that it was "the normal and even desirable situation" after a divorce for the sake of the children, which "They have the right to interact with both parents". Although the reality is not always so simple.
Photos | iStock and INE
