The divorce express has become the formula most commonly used by couples at the time of breaking the marriage bond that held regardless of whether it fruited children or not. This is due to the simplicity and speed of the process, which eliminates many of the intrinsic drawbacks of contentious divorce. However, we know that among many people it is a figure that continues to generate doubts. Here we will try to answer all of them.
What exactly is express divorce?
Express divorce is a term used colloquially to define a type of divorce by mutual agreement regulated by the relevant jurisdiction but with minimal intervention from it. This means that it can be resolved, once it is requested, in a few months and with a much lower economic and emotional cost than when it is launched through contentious channels.
Express divorce and requirements
To qualify for express divorce, you must meet the requirements determined by law. They are as follows:
At a minimum, three calendar months must have elapsed from the date of the marriage. This is so unless it can be determined that there is a real and palpable risk for the moral and / or physical integrity of one of the members, in which case this requirement will be removed. For example, it would not be taken into account in a situation of demonstrated gender violence.
Express divorce must be requested by both parties or by one of them with or without the consent of the other. However, when such consent is not given, it is implausible that this route will succeed.
It is essential that both spouses have the services of a lawyer who defends their rights and a prosecutor who represents them before the administration. Here is a very interesting quirk. And it is that, in express divorces, both members of the couple can hire a single lawyer to save costs, while in contentious divorces each must have his own.
As for the other types of divorces, the party requesting it must not allege any cause. It is understood that his mere intention to break the marital union that unites him with another person is already enough to achieve it. In fact, you will end up getting it no matter how many obstacles the other spouse can put in place.
As you can see, the requirements to file for an express divorce are minimal.
The normal procedure for express divorce
This is the formula that any express divorce in Madrid follows, although it is true that it could be applied to those produced in the rest of the cities and autonomous communities of Spain:
Hiring the lawyer and the attorney: they can be the same for both or differ.
Granting of powers: must be done by notary. Each of them must sign the corresponding documents.
Regulatory agreement pact: in the presence of the lawyer or attorneys, both spouses must reach an agreement on the regulatory agreement that will govern the separation.
Presentation of the divorce petition: it is done by the lawyer hired by the petitioner of the divorce or by the one who represents both. This demand must be accompanied by the regulatory agreement that both have agreed and by all the additional documents that are necessary.
Signing of the regulatory agreement: within two weeks after the filing of the divorce petition, the competent court will summon both spouses to sign the regulatory agreement at their headquarters.
Examination of the judge: once the agreement is signed, the judge proceeds to study the clauses present in the regulatory agreement and determines whether or not there are any that may harm the rights of one of the parties. If so, it will declare it void and replace it with another as provided by law. This is very rare due to oversight by attorneys and attorneys.
Sentence: in a period of between 2 and 3 months, the judge will issue a sentence, dissolve the marriage union and give effect to the regulatory agreement.
What should appear in the express divorce regulatory agreement?
The regulatory agreement in an express divorce in Madrid or in any other part of Spain must compulsorily clarify the following issues:
Who owns the use of the family home.
The amount of alimony if it is an express divorce with children.
To which spouse does the care of the children in common correspond.
What will be the communication regime that the children will maintain with the non-custodial parent.
The visitation regime to be maintained with other relatives of the non-custodial parent, if any.
The amount of the compensatory pension, if any.
Contribution of each spouse to the economic burdens of the marriage.
Liquidation of the economic regime that governed the marriage (community property or property separation).
I do not agree with the regulatory agreement, what do I do?
There are cases, although quite unusual, in which both spouses agree to a regulatory agreement that, subsequently, is not initialed by the judge or undergoes changes dictated by him. Obviously, either of the two former members of the marriage union has the power to claim. However, at that time, the divorce would cease to be express and would become contentious, with the consequent increase in time and money that it will entail.
We must bear in mind that, on many occasions, couples resort to the express divorce formula because it is much cheaper than the contentious divorce formula. In fact, this fast and abbreviated formula usually has a cost of between € 300 and € 500, while the costs derived from the judicial process can be exponentially higher.
Of course, in case the judge initiates the regulatory agreement in its entirety, the claim can only be filed before the Public Prosecutor’s Office and always when it is a matter of preserving the interest of the minors involved. If this precept does not exist, it will not be possible and it will be necessary to resort to other means, such as, for example, the modification of measures.
I have started the process for a contentious divorce but I have reached an agreement with my ex-partner, can I do it by express way?
Fortunately, the answer is yes. It does not matter that one of the two parties has filed for divorce through contentious channels. At any point in the process, the parties involved can present a regulatory agreement agreed between the two and thus lighten the process.
Express divorce with children: will my children have to intervene in the process?
In the vast majority of cases, no. However, we cannot ignore that there are some very exceptional circumstances that lead judges to summon minors. But, as we said, it is something very unusual.
In short, we hope to have clarified all your doubts about the figure of express divorce. As you will have seen, it is a fast and economical option through which, in a few months, you can find yourself legally separated from your partner and with a fair regulatory agreement that governs your relationship and the one that you will keep with your children from now on.