The Divorce By Agreement In 10 Questions And Answers

TodayI come with a post that solves the most many doubts about divorce by agreementin only ten questions and answers. I explain the fundamental aspects that youhave to know regarding requirements, advantages, procedures, times, costs ….affordable and.

1.- What are the requirements for divorce by agreement?

The general requirements for requesting a divorce by agreement are:If three months have passed since the marriage was celebrated,

Thecurrent separation has no reason why it is not necessary to prove the reason.The will of one of the parties is sufficient for it to be declared. Neitherdoes it require to have gone through a process of prior legal separation, aswas the case before the 2005 reform.

The current separation has no reason why it is not necessary to prove the reason. The will of one of the parties is sufficient for it to be declared. Neither does it require to have gone through a process of prior legal separation, as was the case before the 2005 reform.

As we speak of divorce by agreement, besides, the spouses have to agree with the measures that as a consequence of their rupture should be adopted concerning them and their children.

2.- What is the divorce by agreement?

Thedivorce by agreement consists in that both spouses regulate of consensual way,together or separately (each one with their lawyer), the consequences of theirrupture. The willingness of the parties to divorce and the agreements theyreach are included in a document called a regulatory agreement.

The measures on which all regulatory agreements must be decided depend fundamentally on whether we are facing a divorce by agreement with children or divorce by agreement without children and, in turn, whether the children are of legal age and economically independent of their parents or do not.


Specifically, they are the following:


Guard and custody. Single parent or joint custody

Communication and stays with the non-custodial parent

Grandparents’ visits (optional)

Attribution of the use of housing and family trousseau

Contribution to marriage burdens and food

Compensatory pension (if applicable)

Liquidation of the economic regime (optional)

Here I explain each of them in more detail.

The regulatory agreement is drawn up by the lawyers of the parties after a process of negotiation of their content and is signed by both spouses. Once approved, it is presented in court along with the divorce petition by agreement. It asks for the dissolution of marriage by divorce and that the regulatory approval that is provided in all its extremes be approved. In some instances, it can be done before a notary (I explain below in what circumstances).

3.- What advantages does divorce have by agreement?

It is often said that a poor agreement is better than good judgment. I have changed the saying a bit and consider that a good deal is better than good sense.

A divorce by the agreement will provide you with the following advantages:

It reduces the emotional impact that any rupture entails and the feeling of uncertainty associated with going through litigation.

Both end the process satisfied to have participated in the decision making, which is agreed upon.

The number of defaults is reduced because these are agreements voluntarily assumed. Solve the consequences of the break in much less time and with a lower economic cost.

4.- What documents do I need for the divorce by agreement?

To advise you, negotiate and establish the appropriate measures to your case in the regulatory agreement, your family lawyer will request the necessary documentation depending on your circumstances. For example to:

Children’s expenses (school, clothing, food, health, housing supplies)

Your income (last income, five final payrolls, other income)

Labor situation (working life, working hours, reduction of working hours, leave of absence, etc.)

Relatingto the family home (deeds, mortgage or rental agreement, supply expenses, homeinsurance, IBI, etc.)

To file the claim (or sign the public act in the notary where appropriate), the documents necessary for mutual divorce are the following:

The marriage certificate

Birth certificates of children

The declaration of registration or accreditation of the place of the family home

The regulatory agreement

The certificates can be requested with the information of your family book conveniently through the electronic headquarters of the Ministry of Justice for free. The public register that must be done in the corresponding Town Hall.

5.- What is an express divorce by agreement?

The express divorce is the name by which we know the reform that was carried out in the Civil Code in 2005 and which disappeared the need to legally separate before the divorce, as well as the causes of divorce. Therefore, divorce became a faster and more simplified process.

However, today divorce express is associated with divorce by agreement and more specifically with cheap or low-cost divorce.

My advice is that you give your divorce by agreement the importance it deserves and that you go to a matrimonial lawyer or family lawyer. Avoid the miraculous separation with a signed document in two days.

6.- When is the divorce by agreement possible before a notary?


Divorce by agreement before a notary can be carried out in cases of divorce withoutchildren or separation with children of legal age, even if they are stillfinancially dependent on their parents. It is not possible to divorce before anotary if there are non-emancipated minor children or children with the legallymodified capacity that depend on their parents.

7.- Can I make the divorce by agreement without a lawyer?

It is tough to carry a divorce by agreement without a lawyer. The dissolution of marriage by divorce both in the judicial and notary legally requires assistance by a lawyer.

Our function is to guarantee the defense of your interests and your rights in the procedure. The lawyer is the one who draws up the regulatory agreement in writing expressing the will of the parties on the measures relating to divorce. Later in the court or before a notary where appropriate, the separation is declared, and the content of the agreement that we have previously prepared is approved.

8.- How to process a divorce by agreement?

The steps to follow, once we have the regulatory agreement drawn up, depend on whether we are going to process it in the courts or before a notary.…

Divorce By Agreement In Court

1) Presentation in the court of divorce by mutual consent requesting divorce and approval of the regulatory agreement, accompanying the necessary documentation (marriage certificates, filiation of children and registration).

2º) Admission to the processing of the lawsuit by the court and summons to the parties to appear to ratify the regulatory agreement. If there are minor children, the Public Prosecutor’s Office is sent to approve the measures that affect them.

3rd) Ratification of the regulatory agreement in the court. You will go accompanied by your lawyer and attorney the day that the court indicates.

In thisact, each spouse manifests, separately, that he/she agrees with the agreementreached, that is, with the content of the regulatory approval.

Ifthere are last-minute changes or some aspect that the parties want to clarify,add or modify, this is the time to do it.

If there are last-minute changes or some aspect that the parties want to clarify, add or modify, as well the division of properties by the help of
wills and estate lawyers sydney , this is the time to do it.

Ifthere are older children or emancipated minors who lack their income and livein the family home, they must give their consent on the measures that affectthem.

The agreement will always be approved if it is not considered harmful to the children or seriously detrimental to the spouses.

If either spouse decides not to ratify, the process ends and would become a contentious divorce.

4th) Once approved,  the separation is declared with all the effects inherent to it and the approval of the regulatory agreement.

5º) When the resolution is firm, it registers ex officio in the civil registry modifying your marital status from married to divorced.

6th) Finally, a testimony of the resolution is issued for each spouse.

– Divorce by agreement before a notary:

If you opt for a notarial divorce, the only difference is that the consent is manifested directly before a notary in the public deed signing, which your lawyer must also attend. Subsequently, the notary will be responsible for carrying out the appropriate procedures for the registration of the divorce in the Civil Registry.

9 .- How long does a divorce by agreement?

The time that the parties invest in reaching an agreement depends on a multitude of factors. But since the parties reach a deal and the regulatory approval is drawn up, the indicative times are:

Legally, it can take between 1 and three months.

If it is done before a notary, it is more immediate, in 1 week or 10 days it would be possible to process it.

10.- How much does a divorce by agreement cost?

The price or cost of a divorce by agreement depends on each case. It is not equal a divorce by agreement with children that without them, or in which the spouses want to liquidate the common goods, for example.

The complexity, the time of dedication or the greater or lesser difficulty in the negotiation of the regulatory agreement, are taken into account. However, the attorneys’ fees are entirely free, so there are no fixed fees or minimum fees.