Divorce by Mutual Agreement

This type of divorce is possible when both partners agree to divorce.It results in a Mutual Agreement

Are you looking to divorce by mutual agreement?

This type of agreement must be agreed and signed on every page by both parties. The mutual agreement can be presented after the couple have been married for more than 3 months.

The mutual agreement must outline:

– Childcare and child custody, and how children will distribute their time between each parent.

  • How any shared properties will be separated
  • Parental authority
  • Alimony
  • Compensatory pension, which is paid from one spouse to another, should they be in a worse economic position than they were before the divorce. This is not paid in all divorces.
  • Settlement of the Matrimonial Financial Agreement. This is not an Agreement in all countries, however it is usually agreed upon marriage in Spain. In Catalonia, there is a further agreement for married couples.

If the couple has children, there should also be agreement on the care and custody of the children, and a document outlining the visiting regime for each parent. There should also be agreement regarding childcare costs, including food, clothes and other essentials.

The next stage, once the agreement has been prepared by a lawyer, is to present it to the Prosecution Service. Then, the Judge will decide if they agree with the plans which are set out in the divorce’s mutual agreement. In particular, the Judge will place close attention to the parts referring to minors. The Judges will aim to minimse disruption or harm for the children. Once agreed, the judge will start to dissolve the marriage.

Over time, should the circumstances of either party change, it is a possibility that the divorce settlement can be changed. An example of this is a change in the economic circumstances of either party (eg. Unemployment).

Should you need further information, or legal advice, please do not hesitate to contact our lawyers. You can contact us by using the contact form below.

Disclaimer: This information in this article is not definitive, for up to date legal advice which is relevant to your case please contact our lawyers.

Piñera del Olmo

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08006 Barcelona

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