Divorce by mutual agreement
We advise and accompany couples in the separation phase to help them manage their separation comfortably.
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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.
FAQ
Frequently Asked Questions About Divorce
Here you can find answers to some of the most frequently asked questions from our customers.