In the case of reaching an agreement, the spouses can and must sign a SETTLEMENT AGREEMENT ( CONVENIO REGULADOR) which constitutes a document-contract by which the parties agree by mutual consent the economic regime and the relations between parents and children that will rule after signing it or after the separation or divorce Order.
As in any contract in principle, the freedom of the parties to agree what they believe is convenient and suitable in the way and manner they wish, should govern the agreement. But in reality this is not exactly true, as in family law, especially when there are under aged children, the courts and prosecutors should protect the minor’s interests, therefore the freedom of the spouses shall be limited to respect the interests of the minors, legal formalities, etc.
The SETTLEMENT AGREEMENT ( CONVENIO REGULADOR) should accompany the application for divorce or separation by mutual agreement (or of one of the parties with the other’s consent) must have a minimum content that should normally be: (**the following is provided only for general information purposes since each case is different)
One: The Marriage Regime and the applicable Law.
Two: Deciding which of the two parties will keep the use and enjoyment of the habitual residence. Please note that property ownership right is not being discussed at all this point, it is just to decide who will use the property that was registered as the family’s last place of residence.
Three: Deciding which of the two spouses should get the guardianship and custody of the under aged children.
Four: To agree on the visitation schedule and visit regime for the parent who does not have custody of the children; that is, when and how will he /she be able to visit the under aged children.
Five: To agree on the amounts that spouses will have to contribute towards the maintenance of the expenses of the family; mortgages, etc.
Six: To agree on the amounts to be paid for the maintenance of minor children and also for children that even though being legal age are dependent on parents ( Children Maintenance).
Seven: To agree, when appropriate, the amount to be met by one spouse for the other to offset the economic imbalance resulting from the separation and / or divorce (Maintenance to Spouse).
Eight: It can be included in this agreement, but it is not a must, the split of the assets of the marriage or liquidation of the marriage community.
In the event that this type of agreement is reached and signed it is very important to understand the short-and long-term consequences and the different natures of the agreed obligations and maintenance or alimony. Do not forget that the agreed measures, such as maintenance, contribution to the expenses of the family etc. are not unchangeable and may require modification if the circumstances that now justify these measures should change in the future.
Therefore it is very important to try to reach an agreement over the above mentioned points, with your partner, husband and /or wife in case of a family crisis and to seek the advice of an independent Lawyer (solicitor, abogado) so that the agreement is drafted the most convenient way to protect your interests and the interests of your children.
Should this be your case, or the case of someone you know, we will be more than pleased to assist you.
*The information provided on this article is not intended to be legal advice, but merely conveys general information related to legal issues.
White & Baos Abogados & English Solicitors
Tel: 966 426 185
(Located at the Glorieta Square end of Marques de Campo)
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