When a couple decides to separate, one of the first questions is which type of divorce applies. The answer depends mainly on one thing: whether there is agreement on the consequences of the break-up. This guide is indicative; every family has its own circumstances.
1. Uncontested divorce (by mutual agreement)
This is the route when both spouses agree to divorce and on how to organise what comes next. It rests on a regulatory agreement (convenio regulador), a document that sets out, among other things:
- who the children will live with and how contact will work;
- child maintenance, if applicable;
- use of the family home;
- division of joint assets and debts;
- any maintenance between the spouses.
It is usually quicker, cheaper and less draining, because each point does not have to be argued before a judge.
2. Contested divorce
This is the route when one spouse does not want to divorce, or there is no agreement on any of the points above. The judge then decides, after hearing the parties and weighing the evidence. It is a longer and more costly process, both financially and emotionally.
3. It is not all or nothing
It is common for there to be agreement on the main points and disagreement on one specific aspect. Often there is room to negotiate and narrow down what really needs to be argued. The more that is agreed, the simpler the procedure.
4. When there are children
Decisions about children are the most delicate. In any case, the criterion applied is the best interests of the children. A good agreement is one that gives stability and clarity about day-to-day life.
5. If one spouse is a foreigner or you live in different countries
When the spouses have different nationalities, live in different countries or married abroad, extra questions arise: which courts have jurisdiction, which law applies and how the divorce will be recognised in each country. It is worth clarifying this before starting proceedings, because the answer determines where to bring them. We work in English and Spanish.
6. How to prepare
Before taking any step, it helps to have in order:
- the family record book and both spouses' basic details;
- information on income and expenses;
- documents on assets, mortgages and joint debts;
- a clear idea of what you need and what you are prepared to give up.
When to ask for advice
Even with a good relationship, it is worth taking advice before signing an agreement, because what is agreed shapes the following years. And if there is no agreement, having a lawyer from the start helps to put the case together properly.
If you would like to discuss your situation, you can contact the firm and we will advise you with no obligation.
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