BREAKUPS WITH CHILDREN

It is very important that a married or cohabiting couple, who no longer understand each other, make a last effort to settle their divorce or separation by mutual agreement, even if it is difficult and even if the help of third parties is necessary.

This advice is especially important if there are young children, because in that case the relationship of the ex-partner will continue after the break-up. In other words, there will still be common issues to deal with for many years to come.

The alternative to an uncontested divorce is a contentious divorce, i.e. a duel in court, where the judge will listen to the opposing positions of both partners and decide what should be done.

The difference between the two types of divorce is enormous. With an uncontested divorce there are many advantages. The feeling that there are winners and losers is avoided or softened.

Compliance with the agreed measures is higher when both partners see their wishes fully or partly reflected. However, the measures imposed by the judge are more often not complied with.

The emotional impact of the process is more bearable for all concerned, including the children. The process can be resolved in a much shorter period of time than if the divorce is contentious, which saves a lot of emotional wear and tear and allows the new scenario to be clarified as soon as possible.

The costs are much lower, as only one lawyer and one solicitor are needed to file the joint action, instead of a couple of professionals for each partner. In short, these professionals will be needed: a lawyer, a solicitor and, if it is decided to resort to family mediation, a mediator.

On the other hand, it is quite normal for a married couple to have a common estate of assets and rights, subject to burdens and obligations (for example, a house bought by both partners, with the mortgage half paid).

In such a case, they will have to liquidate the community property, i.e. make up two proportional lots taking into account both debts and assets. If the couple agree on the liquidation of the joint assets, they can add their proposed liquidation to the petition. But they can also do so before filing for divorce by going to a notary, in which case this professional should also be sought.

The settlement agreement sets out the measures that will define the life of the former spouses after the divorce. It is a crucial document if there are children in common.
In divorces by mutual agreement, the divorce petition must be presented together with a draft of the regulatory agreement, which will be reviewed by the public prosecutor (if there are children) and by the judge, to ensure that it complies with the law and is not detrimental to any of the interested parties. In other words, the judgment may approve the agreement, not approve it or approve it only partially.

The ideal is to seek advice in order to draw up a correct, complete and detailed agreement, analysing point by point everything that may be conflictive in the future. A good agreement greatly simplifies relations between the ex-spouses and is the document to refer to in the event of non-compliance with the measures by one of them.

In any case, the most important thing is to be advised by a specialised lawyer from LEGAL MOMENTUM.