Regulatory Agreement in Spain. English lawyer
Regulatory Agreement in Spain
If two people divorce or legally separate, a document called Regulatory Agreement must be approved. This must be signed by a lawyer and attorney, except in divorces before a Notary - where only the lawyer is necessary. When a divorce petition is filed, a proposal for such a Regulatory Agreement is usually presented as well.
But what exactly should this document contain?
We have the answer in the Civil Code, since Article 90 establishes that with minimum character the following issues should be collected:
- 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.
Remember also that if there are minor children, the Public Prosecutor's Office will intervene and the Courts will also request a psychosocial report in order to establish the custody of the children. The report is not binding for the Judge, but in practice it does have a very important weight.
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If you have any doubts about the subject or need us to modify your Regulatory Agreement, you just need to get in touch with our Marbella Office. We have english lawyers who will help you effectively and rigorously with your case. We recommend our clients to ask us for an appointment, by phone or internet, for a faster and more personalized attention.