What type of lawyer should I use for a divorce?

What type of lawyer should I use for a divorce?
Published on: 11 February 2022

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If you are thinking of getting divorced, but you are not sure what type of lawyer to turn to for advice, in the following post, you can find out in depth which legal professional will be able to handle your case.

Lawyers handling divorces

Lawyers who handle divorce proceedings are called family lawyers. This type of lawyer specialises in the area of family law, which regulates intra-family relationships such as inheritance, matrimonial property regimes, divorce, incapacity, regulatory agreements, alimony and termination of condominium, among many other matters.

The rights and obligations of family law are laid down in the Civil Code, which governs the rules of family relations.

What are the types of divorce?

There are different types of divorces that can be carried out in Spain. They can be divorces by mutual agreement, contentious divorces or divorces before a notary.

Divorce by mutual agreement is a type of divorce in which the spouses decide to end their marriage by mutual consent, without having to go to court to reach an amicable agreement.

This type of divorce is the most advisable, as it is much quicker to execute and much less costly financially, as a single lawyer and solicitor will be available to represent both parties.

In contrast, contentious divorce would be caused by the disagreement of the terms of the divorce by one or both parties, which would lengthen the process month after month, and it would be necessary for each spouse to be represented by a lawyer and a solicitor with the capacity to negotiate the interests of each one.

In both options, a Regulatory Agreement must be presented, signed by both spouses, in which the clauses of the visiting arrangements and care of the common children are set out.

The agreement has to be presented to the Court and will be approved by the Judge as long as a series of premises are established for the benefit of the care and lifestyle of the children.

If the parties do not agree with the provisions of the Regulatory Agreement, they can always file for a Modification of Measures procedure, requesting the assistance of a family lawyer.

Another type of divorce procedure would be the so-called express divorce or divorce before a notary, the durability of which is very reduced as it would be carried out directly when there are no minor children.

In contentious divorces, if there are minor children from 12 years of age, they will be able to participate in the decision of the divorce procedure as they will be heard by the judge, in order to be able to make decisions in the event that there are different positions on the part of the spouses.

I want a family lawyer to process my divorce

If you need a lawyer specialised in Family Law to guide you and handle your divorce at our Madrid law firm, you can make an appointment, either in person or by selecting the online lawyer option, where you can receive legal advice by video consultation.

At G.Elias y Muñoz Abogados we adapt to your time availability and we will treat your divorce in a personalised way to fight for your own benefits.

Regulatory agreement in divorces

The settlement agreement is an essential document in the execution of divorce proceedings.

For the drafting of this document, it is necessary to seek the help of a family lawyer who can prepare it in a legal manner, including all the issues to be dealt with.

In the regulatory agreement, the system of care and custody of the children will be set out, as well as parental authority, establishing a visiting and communication regime with parents, relatives and grandparents.

On the other hand, all the regulations for the use of the family home and the financial payments that would have to be made, in the event that the other party has matrimonial burdens, would be included.

Finally, compensatory and alimony payments for the maintenance of the children would be stipulated.

The above-mentioned points are the legal ones, however, further clauses can be added to regulate the family order.

How to draw up a Regulatory Agreement?

It is important to bear in mind that the clauses of a Regulatory Agreement can have a duration of almost 19 years, so it is necessary to meditate and be sure of what has been agreed and what is contained in the document, as it will have to be carried out during that period of time, otherwise, you may be sued for breach of sentence or of the Regulatory Agreement.

You can always apply for a modification of measures if over the years your life circumstances have changed and you are unable to afford the full care of your children or the payments previously agreed at the signing of the document.

It may be that you decide to give in on some aspects of the agreement in order to avoid reproaches from your partner. However, it may be that the judge sees that the rules are not fair to both of you and decides not to approve it.

If this happens, the opportunity can be taken to reorganise the agreements and incorporate clauses that are more favourable to you.

From here, you would have to negotiate the terms, but if the other party does not want to accept them, you will have to resort to filing for a contentious divorce.

It is always advisable to reach an amicable agreement, but if it is impossible, you have to defend what is fair for you and at G.Elías y Muñoz Abogados, we help you to achieve this by putting the best family lawyers at your disposal.

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With our online appointment system you will have immediate advice without the need for face-to-face visits or travel.

One of our lawyers specialized in your area of interest will contact you to formalize an appointment and make your consultation by video call.

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