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
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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.