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Divorce by mutual agreement: Advantages.
Divorce by mutual agreement in Spain has great advantages, which is why it is the most chosen means by those couples who wish to process a divorce.
The advantages are the following:
1.- Costs: The costs of divorce are comparatively lower than the costs of litigation. This reduction can be even greater if both spouses are represented by the same lawyer and attorney.
2nd.- Times: The procedures are more agile, so a resolution is obtained in a short period of time, which can range between three and four months.
3.- Personal Satisfaction: On a personal level, it produces more satisfaction between the parties, since the result and the measures are those agreed upon and accepted by both, and does not depend on the decision of a third party, which frequently does not satisfy anyone. .
4º.- Higher Level of Compliance: The measures adopted by mutual agreement reduce the potential for non-compliance after the sentence (for example: non-payment of pensions, irregularities in the visitation regime,...).
Types of divorce by mutual agreement.
There are, from a procedural perspective, two types of divorce by mutual agreement:
1º.- Divorce by Mutual Judicial Agreement .
2º.- Divorce by Mutual Notarial Agreement .
Divorce by mutual notarial agreement is viable when the marriage is not free of minor children, nor of adult children who are financially dependent. The notarial divorce is much more agile and can be prepared even in days.
Judicial procedure for divorce by mutual agreement.
To process a divorce procedure, it is necessary, first of all , for the parties to agree and sign a Regulatory Agreement. The Regulatory Agreement is the document where both parties regulate the effects of the divorce; and among them the following:
- The dissolution of the marriage and date from which the divorce takes effect.
- The revocation of consents that have been granted during the marriage
- The determination in the case of minor children of parental authority, visitation regime or shared custody.
- The establishment, in the case of dependent children, of the alimony established in favor of the children and the method and payment of extraordinary expenses.
- The attribution of the family home.
- Compensatory pension, if applicable, which may be for life or limited for a period of time, in a monthly or single payment.
- Payment of family expenses (for example, mortgage, real estate tax,…)
- Cessation, if applicable, of the matrimonial property regime
It must be noted that the parties may or may not liquidate the marital assets in the divorce procedure.
Secondly , after the consensus and signing of the Regulatory Agreement, with the intervention of a lawyer and attorney, a divorce petition will be presented by mutual agreement, which will be accompanied by the Regulatory Agreement and the other mandatory documentation and any other documentation that is considered pertinent.
Once the claim has been submitted, thirdly , the Court will admit it - if applicable - for processing and will set a date for its ratification by the spouses. In the event that there are minor children, it will be transferred to the Public Prosecutor's Office, so that it can report on the Regulatory Agreement and the minors.
Fourthly , once the Public Prosecutor's Office has informed, which is usually favorable to the Regulatory Agreement (with exceptions due to an agreement contrary to the interest of the minors), the Court will issue a Judgment with approval of the regulatory agreement and the measures contained therein.
Subsequently, and fifthly , ex officio and sign the Divorce Sentence, the Court will agree to its registration in the Civil Registry where the marriage is registered.
