Divorce rates today are high and it is very easy for people who want to get divorced because they no longer want to stay in their marriage. With divorce rates on the rise, it is important for people to understand how the process works. Whether you want to get divorced or not, it is important to know what you are getting into and how much time and work it takes.
Types of divorces in Spain
Divorce can be a complicated and costly process. If you are thinking about getting a divorce, you need to know the different types of divorce in Spain. There are two main types of divorce: uncontested divorce and contentious divorce.
The most common type of divorce is one in which both spouses agree on the terms of the separation and will work together to achieve a mutually satisfactory ending. In this type of divorce, there is no need for court intervention or the intervention of any other third party.
If both parties cannot agree on the terms of the separation, then a contested divorce must be filed in a Spanish court with the help of a lawyer. The court will decide which spouse will have custody of the children and who will have to pay child support and alimony according to the circumstances of each situation.
Divorce by mutual consent
Divorce by mutual consent is one of the most common ways of ending a marriage in Spain. In a mutual agreement divorce, both parties agree on everything from how their children will be raised to the division of property and debts. It involves lawyers drafting an agreement that both spouses must sign in order to legally divorce in less than six months.
In this type of divorce, both spouses must sign a document of their own free will and without pressure from the other spouse or any kind of force or coercion. Many people think that divorce is the end of someone’s relationship. This is not always the case. It is possible for both parties to agree to mutually separate, which will allow the couple to remain friends and not be at odds with each other.
A contentious divorce is a type of divorce in which both spouses do not agree to end their marriage, according to Spanish law. There are no clear steps or solutions when it comes to contentious divorces, but one thing you should do is call a lawyer.
A lawyer from Legal Boutique Ibiza will help you find the agreement that best suits your needs and protect your interests. Separation in Spain is not an easy process, and reaching a decision about property, child custody and child support payments can be difficult.
As with any stressful life situation, it is normal to have moments when you feel the divorce is spiraling out of control. If you find that you are unable to make decisions about contentious issues such as property or child custody, consider seeking family law counseling sessions.
Differences between divorce and separation
A divorce is the termination of a marriage through a court proceeding, which decrees that the marriage has no legal force. A separation is the dissolution of a marriage by mutual consent, without any formal proceedings. These are their differences:
A divorce is the legal termination of a marriage. It usually involves a court order that some people call a “decree” and the requirement to file separate tax returns and make financial adjustments. Divorce does not always involve an agreement on property and debt, but divides assets and debts between the two former spouses.
Separation is when two people agree to live apart but remain legally married. It does not involve any court order or legal action, such as filing for divorce or making adjustments to property rights. A separation agreement may be required if there are spousal support issues that need to be addressed, such as child custody or alimony payments.
If any of these conditions exist, you can request an administrative separation of wills. This means that you will continue to live your lives separately but without getting divorced.
Annulment of Marriage
An annulment is a declaration that the marriage never existed. Marriages are automatically considered null and void in Spain if they are contracted by 16 year olds without parental consent, or if one of the parties is under 18, does not have the capacity to understand what they are doing, has mental problems or was forced into the marriage.
Whatever your case is, you will need a lawyer for either a separation or divorce, everything always starts with a lawsuit. If you want to start a divorce process or you are involved in one and need advice, contact us here or call us at 699 154 530.