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CHILD CUSTODY
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CHILD SUPPORT
Amount
Guidelines
Expenses
PARENTAL AUTHORITY
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Education
Residence
COMPENSATORY PENSION
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VISITATION RIGHTS
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FAMILY HOME ASSIGNMENT
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Minors
Agreements
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I am Javier Sanz, a family lawyer specialized in Mutual Agreement Divorces.
I know you have many options for obtaining legal help, but I want you to be so satisfied with our work that you will always count on our law firm to defend your most personal rights.
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This is why so many clients always trust our firm to handle their family matters.
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+34 637 342 483
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WHAT YOU SHOULD KNOW
How are visitation rights regulated?
How are visitation rights regulated?
How much is paid for child support and/or compensatory pension?
Who is awarded the family home?
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What does the procedure consist of?
When there is agreement between spouses, the lawyer drafts the regulatory agreement by which the divorce will be governed, based on the agreement previously reached by the spouses.
From its drafting, there are two options:
JUDICIAL PROCEDURE
Once the divorce petition and regulatory agreement have been drafted by the lawyer, they are submitted to the territorially competent Court by the appointed procurator.
IF THERE ARE MINOR CHILDREN, THE JUDGE AND THE PROSECUTOR’S OFFICE WILL ENSURE THAT THE AGREEMENT DOES NOT CONTAIN TERMS CONTRARY TO LAW OR HARMFUL TO THEIR INTERESTS.
Then, the parties are summoned to ratify the agreement and the Judge will issue a ruling approving the regulatory agreement.
NOTARIAL PROCEDURE
If the spouses do not have minor children, emancipated children, or judicially dependent children, they may go to a notary to process the divorce.
THE LAWYER WILL PRESENT THE REGULATORY AGREEMENT TO THE NOTARY AND WILL ATTEND THE DIVORCE DEED AS AN ATTACHED DOCUMENT.
If the notary considers any agreement harmful to one spouse or to adult or emancipated children, they will warn them and terminate the proceedings. In this case, it will correspond to the Judge to approve the regulatory agreement.
Valor añadido
MUTUAL AGREEMENT IS THE BEST SOLUTION TO AVOID WASTING YOUR TIME AND MONEY
With this professional and strategic service, we will help you sign a fair Regulatory Agreement with your partner and also:
– You will formalize your divorce or separation with your partner at a very affordable cost
– The agreements reached will be easier to fulfill because you decided them yourself
– You will increase your level of satisfaction by adapting legal circumstances to your reality and not the other way around
– You may use the Regulatory Agreement to enforce it in court in case of non-compliance with the agreements reached
Request Your Free Consultation
We offer you our initial support with no obligation. Because you deserve to be heard and protected
+34 637 342 483
hola@abogadoviolenciadegenero.com
Surely you still have questions
I have prepared a list with some of the most frequently asked questions, but if you still have doubts, write to hola@abogadoviolenciadegenero.com and we will help you.
According to current legislation, it may be requested once three months have passed since the celebration of the marriage.
There are currently two ways to do this:
- Before the Court itself, through the configuration of the Regulatory Agreement.
- Before a Notary, through Public Deed, if there are no minor children, incapacitated, protected or dependent on the marriage.
Once the Regulatory Agreement has been signed by both parties, the procurator will send it to the court, which in less than one month will give us an appointment to ratify it before the Judge.
There is also the option of going to a Notary when there are no minor children, incapacitated, protected or dependent on the marriage. In this case, only the intervention of the lawyer would be mandatory, but not that of the procurator.
As it is a highly personal act, the spouses must intervene in their own name, giving their consent unequivocally.
The following documentation will be necessary:
• Marriage certificate from the Civil Registry.
• Birth certificate of the child(ren) (if any). In case of capacity modifications, indicative court ruling thereof.
• Regulatory Agreement.
• Certificate of registration.
The regulatory agreement for mutual agreement divorce or separation is a contract agreed upon by the spouses, in which all family obligations and marital issues subsequent to their separation or divorce are regulated.
The regulatory agreement is governed by the autonomy of will, so the spouses may arrange what they consider appropriate, provided that:
• It is approved by competent authority: the judge through Judgment or, where appropriate, by the notary through Public Deed.
• It has minimum legal content (art. 90 Civil Code)
Yes, in the event that there is any substantial modification of the existing conditions at the time the Agreement was approved. The modification of measures previously approved may also be by mutual agreement or contentious means.
No, in that case contentious proceedings would have to be initiated since there is no agreement of wills.
Currently, we only have offices in the Valencian Community to assist our clients in person, but there is the option of hiring our services anywhere in Spain.
This service includes advice for both parties, but the request for it must be made jointly. In any case, we could try to convince your current partner that this route is the most appropriate for their interests before filing a contentious claim or even, once filed, the matter could be redirected to mutual agreement at any time before the judgment.
According to article 90 of our Civil Code, the Regulatory Agreement must contain, at least and whenever applicable, the following points:
• The care of children subject to the parental authority of both, the exercise thereof and, where appropriate, the communication and stay regime of children with the parent who does not usually live with them.
• If deemed necessary, the visitation and communication regime of grandchildren with their grandparents, always taking into account their interests.
• The attribution of the use of the family home and household belongings.
• The contribution to the burdens of marriage and maintenance, as well as their updating bases and guarantees where appropriate.
• The liquidation, where appropriate, of the marital economic regime.
• The compensatory pension which, according to article 97, shall correspond to satisfy, where appropriate, one of the spouses in order to balance their economic situation and the duration of said pension.
Decisions affecting minor children must regulate: the exercise of parental authority over the minors, their custody regime (shared or sole custody); the visitation, holidays, communication and stay arrangements; their child support; the percentage of extraordinary expenses that each parent will assume; and the attribution of the use of the family home.
Parental authority is the set of obligations and rights that the law grants to parents regarding relevant decisions in the lives of their unemancipated minor children; and it shall always be exercised for their benefit and in accordance with article 156 of the Civil Code.
Parental authority is always shared unless, in order to protect the children, the contrary is established by judicial resolution. Likewise, and on a specific basis, its exercise may be granted exclusively to one parent for making a specific decision on which the parents fail to reach an agreement.
Without this being an exhaustive list, the following decisions would fall under parental authority:
• Deciding on the school the minors should attend or changing it.
• Deciding whether the minor should go to a psychologist or receive any type of medical or professional treatment or undergo any type of surgical intervention (provided that the decision does not have to be made urgently, without the possibility of consulting the other parent at that time).
• Deciding the Autonomous Community in which the minor will reside, in case of relocation.
• Deciding whether the minor may or may not make their first communion.
• Deciding whether the minor may/should take certain trips abroad (whether for study or leisure).
In short, any decision that significantly affects the life of the minor.
The custody regime regulates the stay and communication of minor children with their parents and may be sole or shared. It is completely independent from parental authority. The type of decisions included in this modality is limited to ordinary or daily decisions that may arise in the minor’s day-to-day life and that will be decided by the parent who is with them at that moment (for example, what they should eat, how to organize their routine at home, etc.).
To determine the amount, the specific circumstances of each case must be taken into consideration, taking into account both the economic possibilities of the person obliged to pay and the needs of those receiving it, and it must be proportional to these circumstances.
Child support may increase or decrease whenever an unforeseeable change occurs, sustainable over time, beyond the control of the party seeking the modification and sufficiently significant with respect to the situation taken into consideration when determining it—both regarding the obligated party (payer) and the recipient (beneficiary).
The visitation regime is a legal agreement established between the parents of a minor when a separation or divorce occurs. It consists of a set of rules and regulations that determine when and how the non-custodial parent may visit their son or daughter.
This agreement seeks to protect the best interests of the minor, guaranteeing their right to maintain a relationship with both parents, even after separation. In addition, it allows parents to organize and plan visits, avoiding possible conflicts and misunderstandings.
It is important to highlight that the visitation regime is not an exclusive obligation of the non-custodial parent, but also of the custodial parent. The latter must facilitate visits and foster the minor’s relationship with the other parent, provided that it does not negatively affect the minor’s well-being.
Compensatory pension is a legal figure in family law established to balance economic inequalities that may arise as a consequence of divorce or separation. This pension is intended for one of the spouses when divorce or separation creates an economic imbalance that negatively affects one of the parties, especially if one of them has devoted more time to caring for the home and children at the expense of their professional career or personal development. Below are some key aspects of compensatory pension:
Objective
The main objective of compensatory pension is to ensure that the spouse with fewer resources or who may find themselves in an economically disadvantaged situation due to the marriage and subsequent divorce can maintain a standard of living similar to the one enjoyed during the marriage, while achieving economic independence.
Criteria for Granting
The granting of compensatory pension is based on various factors, such as:
• Duration of the marriage: The longer the marriage, the more likely it is that the pension will be granted.
• Age and health condition of the spouses: Special considerations are given if one spouse is older or has health problems.
• Economic and professional capacity of each spouse: Each party’s ability to earn income after divorce is analyzed.
• Contributions to the family: It is considered whether one spouse sacrificed their career to care for the home or children.
Duration
The duration of compensatory pension may be temporary or indefinite, depending on the circumstances of the case and local legislation. In many cases, it is established for a sufficient period for the beneficiary to obtain the training or work experience necessary to support themselves.
Modification and Termination
Compensatory pension may be modified or terminated if the economic circumstances of either spouse change. For example, if the pension recipient significantly improves their economic situation or if the payer suffers a deterioration in theirs, the pension may be revised or canceled. In addition, it normally ends if the beneficiary remarries.
Legal Process
To establish, modify, or terminate compensatory pension, judicial proceedings are generally necessary, where a judge will evaluate the arguments and evidence presented by both spouses.
Compensatory pension is an essential tool in family law to ensure economic fairness and justice after divorce, allowing both spouses the opportunity to maintain an adequate standard of living and adjust to their new life circumstances.
To establish the shared custody regime, it is necessary to determine the distribution of daily care and attention of the children, as well as define possible rotations and periods of cohabitation between the parents. In addition, the registration of the children in this situation is also considered.
Distribution of daily care and attention of the children
In shared custody, both parents share responsibility for raising the children equitably. This implies similarly distributing time and tasks related to the daily care of the minors. Both parents must actively participate in aspects such as feeding, hygiene, emotional support, and the children’s education.
Possible rotations and periods of cohabitation
To establish the shared custody regime, it is common to establish a rotation of cohabitation periods between the parents. This may be weekly or biweekly, depending on the particular circumstances and the agreement reached by both parties or determined by the judge. During these periods, the children live alternately with each parent, thus guaranteeing a close relationship and proper development with both parents.
Registration of the children
Regarding the registration of children in cases of shared custody, it is generally agreed or established that they will be registered at the home of one of the parents. This is decided by considering aspects such as the family home or the child’s ties to the school. However, it is important to bear in mind that this aspect may vary depending on what the parents agree upon or what is established by the judge in each specific case.
Change duly accredited by the party seeking it: The change in circumstances must be sufficiently accredited by the person requesting the modification of measures.
It is normal to have doubts about what legally belongs to you, but when your lawyer is specialized in an area of law, they have deep knowledge of the judgments issued by judges in that jurisdiction.
This gives specialists a competitive advantage that we know how to use to structure the claim and win cases.
Since separations and divorces are complex personal situations, in which fundamental interests of both parties, as well as the minor children of the marriage, come into play, sometimes reaching an agreement becomes impossible, requiring the matter to be redirected to a contentious divorce or separation.