Requirements for Divorce may vary according to the denomination and area in which an applicant lives.
We are international Family Law experts in the subjection to Divorce in SpainWhenever a marriage comes to an end it also means the start of an economic relationship. At Lexidy Law Boutique, we know how uncertain and unpleasant this process can be. This is why our team of experts in Matrimonial Law can advise you regarding the procedure to pursue in case you have decided to take this important step in your life or assist you if your spouse has decided to do so.
We are at your service and by your side should you be facing a divorce. Our experts are here to help you navigate the legal aspects during these difficult times.
There are different divorce options, all of which we can assist you with:
Divorce by mutual agreementThe spouses can agree to a divorce by mutual or amicable agreement by setting up a divorce agreement before the judicial secretary of the judicial district that corresponds to them or in a public deed before a Notary Public (in case there are no minor children in common). This route is undoubtedly the best option for the spouses, as this procedure is economical, quick and simple.
On the other hand, in addition to being a cheaper solution than the contentious divorce, it is also a less traumatic procedure for both spouses, and for the common children, if any.
At Lexidy we also assist you with the drafting of the regulatory agreement which is one of the documents that you must present for the signing of the divorce by mutual agreement.
Contentious DivorceThis kind of divorce is the one that is pursued through a judicial Court.
The divorce may be judicially decreed, regardless of the way the marriage took place, at the request of only one of the spouses, of both or of one with the consent of the other. At least three months must have passed since the celebration of the marriage before a contentious divorce can be filed.
In case a judicial procedure cannot be avoided, we are by your side every step of the way.
Regulatory AgreementWhen a crisis in the marriage occurs and a decision is made to break the bond, the members still have a set of common interests that derive from their previous cohabitation and that need to be regulated after the break-up.
Thus, the couple may have had children, so that if the children are still minors, it must be determined how to exercise parental authority over them. Of course, the relationship between the former partners must also be regulated, and decisions must be taken on, among other things, the use of the family residence, how to contribute to the costs of the marriage and the alimony system, or the compensatory pension, etc.
At Lexidy we are here to advise you about what is convenient for both parties and we will assist you in the drafting of the regulatory agreement so that both parties can benefit from it.
To file a Divorce in a Spanish court you need the assistance of a Spanish Lawyer
Liquidation of the economic-matrimonial regimes
During the marriage, the spouses acquire assets and contract debts together, and when a marriage comes to an end, the assets, rights and duties should be liquidated.
This settlement can be carried out at the same time as the divorce, in the regulatory agreement, before a notary by public deed, or in a later specific settlement process in the case of a contentious divorce.
There are two phases in this procedure: the phase of inventory formation and the phase of liquidation. Our family law experts are here to guide you through these phases in order to make the liquidation of the common assets run smoothly during the divorce process.
We are here for you, should you require assistance with this important document.
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