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Dissolution of marriage through the agreement of the spouses. The spouses are the ones who will determine the measures that will regulate their relationship after the divorce.
- Less suffering spouses and children
- Freedom of pacts in the Regulatory Agreement
- Duration: much shorter
- Price: much cheaper
Who can initiate a divorce by mutual agreement?
Any marriage that has been married for at least 3 months. Both spouses or one spouse may request it with the consent of the other.
How does a mutually agreed divorce work?
The spouses write and sign a Regulatory Agreement assisted by an attorney.
A divorce petition is filed in court and the signed Regulatory Agreement Proposal is attached.
The Regulatory agreement is a document that explains the norms that regulate the effects of divorce: parental authority of the children, custody and custody, visitation regime, powers and use of the family home, contribution to the burdens of marriage, liquidation of the economic regime marriage, pensions, family items, etc.
Steps to follow:
1- Contact with an attorney who will direct the entire Process.
2 – Draft and sign a Mutual Agreement Regulatory Agreement of divorce drawn up by the lawyer following the criteria of the spouses.
3- Present the mutual divorce request and agree with the Regulatory Agreement Proposal to the court.
4- Go to court to ratify the signed Regulatory Agreement.
5- The Judge dictates sentence that approves this Regulatory Agreement.
What are the effects of a mutually agreed divorce?
- Dissolution of the marriage bond (You can remarry civil marriage).
- End of the obligation of coexistence of the spouses.
- Dissolution of the matrimonial property regime and liquidation of common property.
- Loss of inheritance rights (widow’s pension).
What are the requirements to be able to process a divorce by mutual agreement before a Notary?
- That there are no children
- That the children are of legal age or emancipated minors (they must give their consent before the Notary regarding the measures that affect them because they lack their own income and live in the family home)
It can take approximately 2 weeks to a month.
The spouses must personally appear before a Notary.
The assistance of a lawyer will be required, who will advise the spouses and also sign the divorce deed.
The Notary of the last common domicile or the domicile or habitual residence of any of the applicants will be competent.
FAST AND WITHOUT OBLIGATION