Divorce by mutual agreement
We advise and accompany couples in the separation phase to help them manage their separation comfortably.
Why choose us for divorce management?
What is divorce by mutual agreement?
Divorce by mutual agreement is a process in which the marriage is terminated by the agreement of both spouses. Once the divorce is over a person can remarry. The regulatory agreement regulates the situation in which ex-spouses will be obliged. In addition to terminating the marriage, aspects of married life will be regulated, such as: the use of the family home, pensions, liquidation of the family economic regime, custody and custody of minor children …
Divorce by mutual agreement without children
In addition to terminating the marriage, the use of the family home, pensions, liquidation of the family economic regime ... will be regulated.
A divorce application can be filed in the competent court of the last family home or the home of either spouse.
Once the lawsuit has been ratified, the sentence is reviewed and issued, collecting the content of the regulatory agreement and registering it in the civil registry. For de facto couples the procedure is similar to de facto couple dissolution.
Divorces by mutual agreement with children and without property
In this case, a regulatory agreement or a parenting plan will be required, which will include the regime of visits in relation to minors. In the event that one of the parents has custody and custody, alimony is also established. Shared custody may also be established in which each parent pays the expenses of the minor (s) when they are in their custody. The competent court will be the one of the domicile where the minors are registered. In this case, the Public Prosecutor’s Office is responsible for reviewing the agreement or parenting plan and will accept or oppose the demand and content of the agreement. In the event of opposition, a judgment may be amended or a trial may be held. In most cases, there is opposition without any problems. In the case of common-law couples with children, the procedure is similar: dissolution of common-law couples and regulation of custody and custody.
Divorces by mutual agreement without children and with property
Divorce by mutual agreement without children and with property has the particularity that the economic liquidation of the conjugal economic regime is regulated. In Catalonia the economic regime of separation of goods governs while in Spain the economic regime of profits governs. While in Catalonia the assets acquired during the marriage are assets that may be particular to each of the spouses in Spain are assets that will be attributed to the spouses in equal parts. In relation to the marital economic regime, its scope can be determined through marital capitulations. In addition, there may be different pensions in relation to the work done to address the burdens of marriage and the economic imbalance of the parties. It is very important to note that the financial settlement due to divorce has tax benefits recommending that they be collected by judgment.
divorces by mutual agreement with children and with property
Divorce by mutual agreement with children and property is the most complex (except for litigation) because relations with minor children and the distribution of assets affected by the marital economic regime must be regulated. They are more complex processes.
De facto couples (without wedding)
Couples in fact have a process very similar to that which regulates the same aspects as in marriage. Relations with children are regulated (custody and custody) and the economic regime can be settled by distributing the goods.
Here you can find answers to some of the most frequently asked questions from our customers.
FAQ
Frequently Asked Questions About Divorce
What documentation is needed to handle the divorce?
Registration certificate of less than 3 months of each of the spouses, birth certificate of the common minor children, literal marriage certificate.
Where can I request the documentation?
Registration certificate: At the town hall where you are registered
Birth record of common minor children: In the Civil Registry where you got married.
Literal marriage certificate: In the civil registry where you got married.
Is divorce by mutual consent the same as a de facto dissolution?
The procedure and effects are very similar and we offer the same services at the same price.
Is divorce by mutual agreement the same as asking for custody?
The content of divorce by mutual agreement and dissolution of de facto partners and child custody is very similar, which is why we offer the same budget in all three cases as long as they are mutually agreed.
To accept the minimum price in any of these processes, it is necessary to be clear what the agreement between the parties will be and not to make any changes.
How long does it take to process a divorce?
It is relative. It may take 2 to 4 months. In some cases, it takes longer to reach a final decision.
La nostra tramitació és ràpida sempre que es tingui clar l’acord entre les parts. Podem tardar com a mínim una setmana en presentar la demanda en la majoria de casos.
What steps must be taken to process a divorce by mutual agreement?
- Gather the documentation.
- Reach an agreement on the effects of the divorce.
- Present the demand with the signed parenting agreement or plan.
- The claim is accepted for processing and a date is set for judicial ratification.
- In the event that there are minor children or an incapacity, the content is reviewed by the Ministry of Finance.
- Once the demand has been analyzed and it has been verified that the legal requirements for its judicial approval are met, a judgment is issued summarizing the content of the agreement.
- With the sentence, the agreement is already firmly binding on the parties-
- The divorce is registered in the Civil Registry where the marriage was recorded.
What are the advantages of divorce by mutual agreement?
- Fast and economical: The process of mutual agreement is an agile process and cheaper than the contentious process.
- The processing time is considerably reduced. A contentious process can last years due to the complexity of the case, the collapse of the administration of justice, suspensions, appeals…
- Control: Divorce by mutual agreement has a control effect on the outcome of the process. Nio will depend on a third party (the judge) the outcome of the resolution of your claims.
- The element of uncertainty in judicial processes is eliminated.
Emotional conflict management: The processes of mutual agreement usually lower the tension between the parties and improve the relationship between the parties. - In many cases, an amicable agreement is the best guarantee of not continuing the war with the other party and achieving the best emotional management of the break-up conflict in family processes.
What is the cost of managing a divorce with Gestió Maresme?
From €499+ VAT and attorney separately. The price may vary if it gets complicated or changes, negotiations or additional issues have to be resolved. We recommend that if you want to take advantage of the minimum price of the service, you should be at least as clear as possible about your requirements.