Lawyers Marbella

The regulatory agreement

The regulatory agreement is a determining factor in determining the consequences of the separation or divorce proceedings initiated and processed by agreement of the spouses. The agreement must refer, as a minimum, to the content established by law in the Civil Code. In short, these are the points you should discuss with your lawyer:

  • Childcare and exercise of parental authority.

  • Visitation regime.

  • Family housing.

  • Marriage burdens

  • Settlement of the matrimonial property tax.

  • Compensatory pension
This agreement always requires judicial approval. The agreements of the spouses, adopted to regulate the consequences of nullity, separation or divorce will be approved by the judge, except if they are harmful for the children or seriously prejudicial to one of the spouses.
If the parties propose a grandchildren"s visitation and communication regime with their grandparents, the judge may approve it after hearing the grandparents" consent. If the judge denies the agreement, he or she will have to do so by means of a reasoned decision and in this case the spouses must submit a new proposal for the judge"s consideration for approval.

Therefore, the judicial approval of the regulating agreement supposes the perfection of the spouses" agreement and gives it an enforceable force. In addition to approving or refusing, the judge may also add measures to the agreement to ensure compliance.

If it is considered necessary, you are also entitled to claim the so-called compensatory pension, which is a kind of financial support for the parent who, as a result of the divorce, has been left in an unfavourable situation.

To draft the settlement, our attorneys will meet with you to clarify all the points you want to make about divorce. We will study your particular case and propose the best solutions to ask the judge for what suits you best.

Visit our office in Marbella and we will advise you. Our lawyers in Marbella are experts in divorce and family law and have years of experience in the field to offer you a personal, simple and effective service. Don"t hesitate, call us.