Lawyers Marbella

English lawyers for Regulatory Agreement

Divorce in Spain

Separation or divorce proceedings must follow the drafting of a document called the Regulatory Agreement. Also, if, once the process is finished, there is a significant change for one of the parties - loss of employment that prevents paying pensions; changes in custody-; it is also possible to modify it. This is done through a procedure of modification of measures, and it is convenient to have the support of a family lawyer to assist us.

Contain of the Regulatory Agreement

The subjects that must be obligatorily included are indicated in article 90 of the spanish Civil Code:

  • The care of the children subject to the parental authority of both, the exercise of this and, where appropriate, the regime of communication and stay of the children with the parent who does not habitually live with them.
  • If it is considered necessary, the regime of visits and communication of grandchildren with their grandparents, taking into account, always, the interest of those.
  • The attribution of the use of housing and family trousseau.
  • The contribution to the burdens of marriage and food, as well as their bases of updating and guarantees in their case.
  • The liquidation, when appropriate, of the economic regime of the marriage.
  • The pension that according to article 97 corresponds to satisfy, in his case, one of the spouses (compensatory pension).

At the time of writing it will be easier if the spouses are willing to reach an agreement. In fact, this is usually what makes a divorce more or less long: the speed with which an agreement is reached between the parties.

Remember that if you need help on this or other family law issues you can consult with our Marbella Office, as we have a highly qualified team of english lawyers. You can make a prior appointment by phone or through the internet. We will assist you with total confidentiality.