How to Emancipate Yourself at 16?
Minors are under parental authority until the age of 18, at which point they are considered independent and responsible for their assets. When, how and why should a minor emancipate early? In our notary office in Barcelona, as Notaries in Barcelona, we want to provide the necessary information for those who are considering how to emancipate at 16 in Spain.
What is the emancipation of a minor?
The emancipation of a minor consists of a procedure regulated by law by which a person, over 16 years old and under 18, is considered capable of taking care of themselves and their assets.
Where is the emancipation of minors regulated?
The regulation on the emancipation of minors before a Notary is found in the Civil Code, between chapters 314 and 324.
“Emancipation enables the minor to manage their person and assets as if they were an adult” (Civil Code, Title XI, chap. 323)
What exceptions are there to the emancipation of a minor?
An emancipated minor may not request loans, nor encumber or transfer assets of high economic value, commercial or industrial establishments, or real estate unless authorised by their parents or guardians.
Types of emancipation in minors and causes
Emancipation before reaching the age of majority can occur for several reasons. Among them, we find the following:
Emancipation by judicial grant
The individual is considered sufficiently capable to proceed with the changes that come with being an adult with full responsibilities. In this case, it will occur by judicial concession. The reasons for granting it will be related to:
- The parent who has parental authority is in a civil partnership or marriage with a person other than the other parent. If you want to learn more about civil partnerships, we recommend this article:
- That the parents do not live together
- That parental authority is severely hindered by other causes
By decision of the parents
The second is by decision of the parents or guardians (those who hold parental authority) provided that the minor agrees (who must be at least 16 years old). In this case, it is done by public deed before a Notary or by appearance at the Civil Registry.
By age of majority
Emancipation officially occurs upon reaching 18 years of age.
Emancipation of a minor before a Notary. How is it processed?
It can be processed before a judge or a Notary, being a simple and quick procedure.
What documents must I provide in the process of emancipation of minors?
- ID card of the parents and/or legal guardians
- ID card of the minor who is emancipating
- Family book, if available, or birth certificate of the child who is emancipating
And then?
The grant of emancipation must be registered in the Civil Registry and cannot be revoked.
Specialties of emancipation in Catalonia
Emancipation in Catalonia is regulated in articles 211.7 to 211.11 of the Second Book of the Civil Law Code of Catalonia.
The regulation of emancipation in Catalonia is very similar to the regulation of emancipation in Common Law.
Therefore, as the regulation is very similar, we will only highlight again that it is required that the minor who emancipates is 16 years old and that emancipation can be done in a public deed of emancipation before a Notary.
JLA Notaries, for emancipation before a Notary
As Notaries in Barcelona, we consider minor emancipation to be a relevant and significant procedure. Therefore, we offer legal assistance and advice to our clients. We ensure compliance with the law, verifying ages, identifying those holding parental authority, and checking the capacity of both the minor and the grantors. Once a minor is emancipated, the decision taken cannot be revoked.
Contact us if you wish to process an emancipation before a Notary. You can make an appointment with us through the contact form on our website or by email at bcn@jlanotarios.com.
