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Regulatory Agreement: What kind of agreements do I close?

A mutually agreed procedure is always preferable to a contentious one.

But when I divorce by mutual agreement I will have to ensure that in the regulatory agreement, which is nothing more than the document containing the agreements reached between the parties, agreements are contained that if in the future they are not complied with voluntarily by the other they are enforceable judicially and do not remain on wet paper. In other words, we can go to court and there the judge, with a relatively simple procedure, can force the other to comply with what has been agreed. Otherwise what has been agreed will be of no use to us.

They must be pacts that contain concrete, clear and specific obligations. An example will help us. The much used formula of the type is totally ineffective:

"the objects and furniture of the family home will be shared 50% between the two consorts."

There is no specific obligation to deliver anything. Therefore, if the other does not give 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. It will therefore be necessary to clarify exactly the content of the agreement, in order to regulate this type of agreement in the best possible way.

If you have any doubts, please contact us here.