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When two people decide to apply for divorce proceedings, a series of long-term premises must be agreed upon regarding the regulation of behaviour in the family environment after the end of the marriage. To this end, the clauses agreed by the spouses must be drafted in the Regulatory Agreement.
What is a settlement agreement? Can I draw up a settlement agreement in a contentious divorce?
A Regulatory Agreement is a document that sets out the rules that will govern the future relationship between the members of the family at the end of the marriage and their life together.
For the drafting of this document, it is important that both spouses can reach an agreement on issues such as custody, alimony and visiting arrangements, among other important aspects.
As this is a document that regulates key aspects of the family and has repercussions on the future life of the spouses, consensual decisions must be taken and we must be aware of the repercussions it will have on our children and ourselves.
Once the clauses governing the Regulatory Agreement have been agreed, it must be presented to the Court together with the divorce petition by mutual agreement, so that it can be approved by the Judge and take effect.
In the case of a contentious divorce, it will be the judge who will be in charge of establishing all the rules of the Regulatory Agreement, which will establish the conditions under which the members of the family will relate to each other.
With the approval of the judge, the rights and obligations of the spouses will be recorded equally, as well as those of the children in their relationship with their parents, always safeguarding their benefit.
If any of the premises established in the Regulatory Agreement is not approved, either because it involves a very serious imbalance between the two, the judge must be the one to propose a new equal consideration for the spouses, and it must be accepted.
In any case, it is always advisable to have the help of a lawyer specialised in family law, who can act as an intermediary in the drafting of the set of rules and take charge of carrying out all the legal formalities, being essential the accompaniment to the Court.
Mandatory content of the Regulatory Agreement.
The Regulatory Agreement must contain a series of precepts agreed by the spouses, according to the family relationship they wish to establish. These are the following:
I.
Guardianship and custody of the children. Care of the children by each of the spouses, which may be shared by both, sharing responsibilities, or single-parent, referring to the custody of the child by one of the two parties.
II. Visiting arrangements. Dates on which the spouse who does not have custody of the children can communicate and spend time with them. In this point, the visiting arrangements with the relatives of the other party are also designated.
III. Family home and household goods. The use of the same shall be attributed to the children of the spouse with custody.
IV. Alimony. Economic regulation regarding the maintenance of the minor and adult children who are economically dependent.
V. Compensatory pension. This refers to the financial amount to be paid by one of the spouses in the event of financial imbalance on the part of one of the parties.
With the help of lawyers who are experts in family law, the approved Regulatory Agreement can be modified in the future if a mutually agreed change is requested, or by one of the parties.
Non-compliance with the ruling of the Regulatory Agreement: does it have consequences?
The agreed rules must be enforced by both parties, in which case, if there is any non-compliance, judicial enforcement may be requested, in order to achieve compliance by seizure of assets.
There are numerous cases in which one of the members of the family does not pay alimony, compensatory pension or does not respect the visiting arrangements established in the Regulatory Agreement, before a notary or approved by the Court.
If you find yourself in a similar situation and you are the person affected by the failure of the other party to meet their agreed obligations for the support of the children, a good option is to seek the services of a family lawyer who can provide legal advice.
Failure to comply with the agreements set out in the Regulatory Agreement has negative consequences, which is why it is always advisable to comply with family obligations.
Failure to correspond financially with the family will result in the following penalties:
I. Seizure of property or bank account, if payment of maintenance or alimony is not made within ten days.
II. Fines of up to two months and thirty days of community service.
III. Change of the clauses of the Regulatory Agreement due to non-compliance with the terms, which may affect custody and even parental authority.
IV. A criminal offence of disobedience may be charged.
In any case, remember that our Law Firm G. Elias y Muñoz is at your disposal for any question related to regulatory agreements or family law.
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