Divorce Regulatory Agreement. What kind of agreements exist?
Family
Depending on whether or not there are children, the result of the romantic relationship between both members of the couple, a mutual agreement procedure is always preferable to a contentious one.
Basically because in a divorce by mutual agreement, both parties negotiate, agree and stipulate the conditions to be established after the breakup. These stipulations or agreements may be more or less favorable for the members of the couple, but above all, their will and decision will be respected, as long as it does not establish conditions or regulations contrary to the law. Therefore, it is always preferable to put the wills of both parties before the decision made by a third regulator, in this case a judge. Since no matter how much he knows the casuistry and the family problems, he will not be more knowledgeable about the characteristics and specific details of the members of the couple.
When will a divorce procedure by mutual agreement be advisable?
When a divorce is carried out by mutual agreement, care must always be taken to ensure that the regulatory agreement, which is nothing more than the document that contains the agreements reached by the parties, contains agreements that if they are not fulfilled in the future voluntarily by the other are judicially enforceable and do not remain a dead letter. That is, we can go to court and there the Judge, with a relatively simple procedure, can force the other to comply with the agreement. Otherwise what was agreed will be of no use to us.
They must be agreements that include concrete, clear and specific obligations. An example will help us. The widely used formula of the type:
“The objects and furniture in the family home will be divided 50% between both spouses.”
There is no specific obligation to deliver anything being determined. Therefore, if the other does not comply with giving me what I want, even if we both know what it is, I will not be able to ask the Judge to force him to comply with what suits my interests. Therefore, it will be necessary to clarify exactly the content of the agreement, to regulate this type of agreement in the best possible way.
Is it necessary to hire a law firm in a mutual agreement procedure?
For all this, it is necessary to contact a law firm expert in the specialization of family law, since they will be your specialist lawyers, who will draft and advise on the different clauses that we can include, regulate in a mutual agreement. As we have explained previously, it is not only about the professional drafting and including all the necessary clauses adapted to the circumstances of each family, but it will also be necessary for these clauses to be easily enforceable and not give rise to future interpretation problems, in conclusion that they are clear and easy to interpret.
What is a contentious divorce?
On the other hand, there is also the figure of contentious divorce. In this type of procedure, basically the two parties litigate against each other, with the idea of asserting their individual claims before a court, in which, together with the prosecutor's office as long as there are minors, the judge will decide the best regulatory agreement that must be established according to the family characteristics of the litigants, their finances, their working hours, etc.
In the face of a contentious procedure, it is necessary to prepare a good defense strategy, to be able to explain before the judge why the claims of said client must be enforced in comparison to the claims of the other party. For all this, it will be necessary in many cases to analyze the working hours of those represented, their monthly income, their time availability and a whole series of documentation in order to guarantee an adequate defense, both in the social and patrimonial aspects of the client.
Is it mandatory to hold a trial in contentious divorce proceedings?
It should be added that in this contentious procedure it will be mandatory to hold a trial, to defend and present the specific claims before your honor, however in a friendly procedure by mutual agreement, it will not be necessary to hold a judicial hearing. For this reason, a contentious procedure tends to be longer in time and to be delayed for much longer, since the judicial phases to be carried out will be greater than those of a mutual agreement procedure.
On the other hand, a mutual agreement procedure, as a general rule, is always much faster, since the parties, with the help of a legal professional, directly present to the competent court the version of the regulatory agreement adapted and agreed upon by the couple who wishes to divorce. , as well as the respective judicial demand for divorce by mutual agreement.
Contact us,and our divorce lawyers will study your specific case.
At Forcam Abogados we have offices in Barcelona, Tarragona, Reus and Tarrega.
Basically because in a divorce by mutual agreement, both parties negotiate, agree and stipulate the conditions to be established after the breakup. These stipulations or agreements may be more or less favorable for the members of the couple, but above all, their will and decision will be respected, as long as it does not establish conditions or regulations contrary to the law. Therefore, it is always preferable to put the wills of both parties before the decision made by a third regulator, in this case a judge. Since no matter how much he knows the casuistry and the family problems, he will not be more knowledgeable about the characteristics and specific details of the members of the couple.
When will a divorce procedure by mutual agreement be advisable?
When a divorce is carried out by mutual agreement, care must always be taken to ensure that the regulatory agreement, which is nothing more than the document that contains the agreements reached by the parties, contains agreements that if they are not fulfilled in the future voluntarily by the other are judicially enforceable and do not remain a dead letter. That is, we can go to court and there the Judge, with a relatively simple procedure, can force the other to comply with the agreement. Otherwise what was agreed will be of no use to us.
They must be agreements that include concrete, clear and specific obligations. An example will help us. The widely used formula of the type:
“The objects and furniture in the family home will be divided 50% between both spouses.”
There is no specific obligation to deliver anything being determined. Therefore, if the other does not comply with giving me what I want, even if we both know what it is, I will not be able to ask the Judge to force him to comply with what suits my interests. Therefore, it will be necessary to clarify exactly the content of the agreement, to regulate this type of agreement in the best possible way.
Is it necessary to hire a law firm in a mutual agreement procedure?
For all this, it is necessary to contact a law firm expert in the specialization of family law, since they will be your specialist lawyers, who will draft and advise on the different clauses that we can include, regulate in a mutual agreement. As we have explained previously, it is not only about the professional drafting and including all the necessary clauses adapted to the circumstances of each family, but it will also be necessary for these clauses to be easily enforceable and not give rise to future interpretation problems, in conclusion that they are clear and easy to interpret.
What is a contentious divorce?
On the other hand, there is also the figure of contentious divorce. In this type of procedure, basically the two parties litigate against each other, with the idea of asserting their individual claims before a court, in which, together with the prosecutor's office as long as there are minors, the judge will decide the best regulatory agreement that must be established according to the family characteristics of the litigants, their finances, their working hours, etc.
In the face of a contentious procedure, it is necessary to prepare a good defense strategy, to be able to explain before the judge why the claims of said client must be enforced in comparison to the claims of the other party. For all this, it will be necessary in many cases to analyze the working hours of those represented, their monthly income, their time availability and a whole series of documentation in order to guarantee an adequate defense, both in the social and patrimonial aspects of the client.
Is it mandatory to hold a trial in contentious divorce proceedings?
It should be added that in this contentious procedure it will be mandatory to hold a trial, to defend and present the specific claims before your honor, however in a friendly procedure by mutual agreement, it will not be necessary to hold a judicial hearing. For this reason, a contentious procedure tends to be longer in time and to be delayed for much longer, since the judicial phases to be carried out will be greater than those of a mutual agreement procedure.
On the other hand, a mutual agreement procedure, as a general rule, is always much faster, since the parties, with the help of a legal professional, directly present to the competent court the version of the regulatory agreement adapted and agreed upon by the couple who wishes to divorce. , as well as the respective judicial demand for divorce by mutual agreement.
Contact us,and our divorce lawyers will study your specific case.
At Forcam Abogados we have offices in Barcelona, Tarragona, Reus and Tarrega.