Differences between mutually agreed divorce and contentious divorce

January 5, 2020 Admin-MBDPLawFirm 0 Comments

What is a mutually agreed divorce and what is a contentious divorce?

Divorce is the situation in which a couple decides to end the society that arose between them after having married. This is why it must always be certified by a divorce decree issued by a judge. It will establish the regulatory agreement that will determine what the relationship of both will be from that moment, which is especially important in the case of having children involved and alimony and / or compensatory pensions. In any case, the legislation foresees that it can be carried out in two ways:

By mutual agreement: both parties, advised by a lawyer, reach an agreement within the legal framework established on the regulatory agreement that will govern the divorce. It establishes who remains custody or if it is shared, the visitation regime, the amount of alimony and compensatory pensions (if any), etc. This agreement, once signed by both, is brought before the judge in charge of processing the divorce. He decides whether it is legal and approves it through a divorce decree, although he can modify it if he considers that any clause is not legally conceivable.

Contentious:In this case, the two spouses do not reach a prior agreement on the regulatory agreement. However, if one remains determined to divorce, the only requirement that the law establishes so that the final separation can be carried out, he will have to file a divorce petition with his partner through contentious channels. It is a long and expensive process that requires a lawyer and attorney and can take years. You can even have children testify during the process. In the end, the judge draws up a court decision establishing said regulatory agreement at his discretion. This is the reason why we used to say that this route involves leaving everything related to separation and children in the hands of a third party. We have already defined, roughly, what is the fundamental difference between the two types of divorce.

Parental-filial measures

It is the aspect that creates the most controversy and makes an out-of-court agreement more complicated, which is subsequently initialed by the judge. This is because each member of the couple usually has a perception and a desire in the matter, which usually gives enough problems. Regarding minors, the judge will make the decision regarding custody and the visitation regime regarding the assessment made regarding the family routine prior to separation, the wishes of the children, and the working hours they have. both spouses and the educational involvement they have had and wish to have in the future.

Economic measures

Undoubtedly, the most important aspect here is the maintenance that the non-custodial parent must provide to the custodial parent. This must be independent for each child and sufficient to meet 50% of their fundamental expenses. So here we not only talk about food, but also about housing, schooling and clothing, among others. To this should be added those additional expenses that, while not essential for the life of the minor, are also essential. For example, here we could talk about fees for extracurricular activities, the price of dental treatment, etc. These must also be satisfied by both parents at 50% and must be reflected in the regulatory agreement. Finally, it would only remain to refer to the compensatory pension,

This somewhat complex definition can be simplified by an example. Imagine a woman who, after getting married and pregnant, abandoned her professional career to take care of the home and children, while her husband did continue working. Obviously, at the time of the divorce, you are left in a situation of special vulnerability that must be compensated by paying this pension in the form and term determined by the judge or both spouses agree, depending on the type of divorce before which we are.

The use of family housing

It will always correspond to that parent who has custody of the children, if any, until they are independent. eye! Economic independence should not be confused with coming of age since it has nothing to do and the one that governs is the first principle and not the second. In any case, in the absence of children, both would have to agree on how to share the property or let the judge decide on it. This can be done through the sale or through the establishment of alternate periods of enjoyment.

Mutually agreed divorce and price

Obviously, a divorce through the contentious route is always going to be more expensive than one done by mutual agreement. It is necessary to think, in this sense, that it is necessary to have a lawyer and attorney, to face the costs of the judicial process and, in many cases, of the successive claims filed by the spouse who is not in accordance with the separation or the agreement regulator.

To this we must also add the emotional and time cost of a divorce through contentious channels. This is because it involves exposing the children to a judicial process in which, generally, both parents try to attack the other to defend their interests and objectives. Also, this can easily last for years. On the other hand, when there is understanding between both parties, everything is simplified. They can even choose the same family lawyer to be responsible for carrying out the entire divorce process. In this way, for less than € 1,000 and in just a couple of months, this may have been successfully concluded and with both parents enjoying a new life each on their own.

Conclusions regarding the differences between the mutually agreed and contentious divorce

In short, when we talk about divorce by mutual agreement, the price to pay, both in temporal and economic and emotional terms, for parents and children is always lower. Therefore, it is often said that good family lawyers are those who only resort to the judicial route when they have exhausted each and every one of the possibilities of agreement that exist.

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