Infidelity, new relationship modalities -such as polyamory- and the delay of maternity and paternity in Spain have been the subject of debate in the program OpinaCat, where I have had the pleasure of intervening again giving my opinion on the important change of paradigm in sentimental relationships that we are witnessing today. Particularly, from our office we have noticed that certain emotionally demanding situations for the couple or for any other type of sentimental bond can lead to an increase in conflict and, potentially, also lead to cases of separation or divorce.
A clear example is that of couples who have undergone in vitro fertilization procedures, a path increasingly taken by Spanish couples due to the delay in the reproductive age of men and women.
These are some data that illustrate the current situation in terms of fidelity and sentimental relationships, offered by the Sociological Research Center (CIS).
- 47.6 percent of Spaniards “strongly agree or agree” that a person can have “two or more affective-sexual relationships at the same time”.
On the other hand, 49.7 percent disagree with this statement. - 78.5 percent of Spaniards “strongly agree or agree” that “if one truly loves, one is always faithful to one’s partner”; for 41.4 percent, “the members of a couple can agree to have sexual relations with other people outside the couple without having a sentimental bond with them”.
- On Internet love, 29.1 percent “strongly agree or agree” that it is possible to be in love with a person you only know through the Internet.
- Regarding the use of the Internet and family ties, for 82.1 percent of citizens “new technologies have brought closer family members with whom they do not live together”, although for 81.2 percent Internet use “causes people to become more isolated”.
73.2 percent say that “the use of the Internet causes a decrease in communication in the family with whom they live”. - As for the aspects that Spaniards highlight the most about Internet relationships compared to face-to-face relationships, they believe that they are “more superficial” (6.73) followed by “more communication” (4.84).
On the other side of the scale, they think they are less affectionate (2.82) and involve less fidelity (2.89). - Another interesting fact from this survey is how happy Spaniards consider themselves to be, with a score of 8.06 out of 10.
In addition, citizens are satisfied with their family life, which they value with an 8.63, their relationship with their partner (8.55) and their friendships (8.28).
Infidelity and new relationship modalities: a new paradigm for family law.
From the point of view of Family Law, there is no doubt that the wider the spectrum of existing relationships, the more complicated the emotional relationships become and the more likely it is that possible conflicts may arise. However, beyond the simple increase in the number of parties involved and the existing relationships between them, in reality the presence or absence of conflict will depend on what has been negotiated between the parties and the maturity of each type of relationship.
Reality shows us that many polyamorous relationships can be more stable than traditional ones precisely because the parties involved have carried out a deep study of their situation and are able to act with appropriate communication tools in case of conflict.
It also applies that, sometimes, the traditional couple has a greater number of legal ties, often related to the simple fact that, in this case, there may be marriage or domestic partnership, something that is not currently possible in relationships between more people.
Thus, polyamorous ties can be easier to break, and in addition to this, sometimes the polyamorous relationship can be more fluid in its boundaries, being the entry or exit from it potentially less rigid and traumatic.
It is also still more frequent, in the case of the traditional couple, the existence of economic communities, as well as children in common, at least for the moment and according to our daily practice, although there are more and more creative formulas to form a family in this type of relational context.
In any case, this means that conflicts between traditional couples can more easily lead to the need to turn to lawyers, since there are important legal ties to be broken that inevitably require the assistance of a family lawyer.
However, as new family models take hold and other forms of parenthood emerge, we are likely to see an increase in the percentage of polyamory cases in court or in negotiations between lawyers.
It should be remembered that, in practice, it is a fact that polyamory is not legally regulated in Spain, although there are small legal windows that can serve to delimit rights and duties in different aspects. It should be clarified that the fact that polyamory is not regulated does not mean that it is illegal: simply, our rules are not adapted to its existence, so that this type of union is not legally protected or recognized.
For example, let us remember that we have made progress in aspects such as filiation in the case of assisted reproduction, as well as in matters of reproductive rights for same-sex couples, being able to access adoption or assisted reproduction under equal conditions.
There is also a registry exit and full recognition of rights for children born as a result of a surrogacy procedure. surrogacyThe idea is that the child should not be left unprotected due to the fact that his or her birth was the result of an illegal practice in Spain.
However, it is currently not possible for more than two people to have custody of a child, even if all of them have lived with the child for the same amount of time and have participated to the same extent in his or her upbringing. In short, the coming years promise to be very interesting in terms of Family Law. Inevitable legal changes and new situations to which a necessary legal response must be given, especially when minors are involved, are on the horizon.
In our firm we always work from an integrative perspective, with a vision of the future and placing value on the protection of individuals.
You are legal help in any matter related to family law, please contact our team of lawyers..
