FUNDANEED.es
“It is very important for a married couple or a common-law partnership that has ceased to understand each other to make a final effort to settle their divorce or separation by mutual agreement, even if it is difficult and even if the assistance of third parties is necessary.
This advice is especially crucial if there are young children involved, as in that case, the relationship between the former partners will continue after the breakup. In other words, common issues will persist for several years.
The alternative to a mutual agreement divorce is a contested divorce, a legal battle where the judge will hear the conflicting positions of both parties and decide what should be done.
The difference between the two types of divorce is enormous. With a mutual agreement divorce, many advantages are gained. It avoids or softens the feeling that there are winners and losers.
The compliance with the agreed-upon measures is higher when both members of the couple see their desires reflected in whole or in part. However, measures imposed by the judge are more frequently violated.
The emotional repercussions of the process are more bearable for all involved, including the children. The process can be resolved in a much shorter time than if the divorce is contested, saving a lot of emotional strain and allowing the new scenario to be clarified sooner.
The costs are much lower since only one lawyer and one legal representative are needed to file the joint petition, instead of a pair of professionals for each member of the couple. In summary, the necessary professionals are: a lawyer, a legal representative, and, if family mediation is chosen, a mediator.
On the other hand, it is very common for the couple to have a common mass of assets and rights subject to liabilities and obligations (for example, a house purchased together with a mortgage partly paid).
In such a case, they will have to liquidate the joint assets, i.e., compose two proportional lots taking into account both debts and assets. If the couple agrees on the liquidation of the common assets, they can add their proposal to the divorce petition. But they can also do this before filing for divorce by going to a notary, in which case they would also need to find this professional.
The regulatory agreement outlines the measures that will define the lives of the ex-spouses after the divorce. It is a crucial document if there are common children.
In mutual agreement divorces, the divorce petition must be submitted together with a draft regulatory agreement, which will be reviewed by the 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 parties involved. In other words, the judgment may approve the agreement, not approve it, or approve it only partially.
It is ideal to seek advice to create a correct, complete, and detailed agreement, analyzing point by point everything that may be contentious in the future. A good agreement simplifies relations between ex-spouses and is the document to refer to in case of non-compliance with the measures by either party.
In any case, the main thing is to be advised by a specialized attorney from LEGAL MOMENTUM.”
