Daily archives "November 6, 2015"

Uncontested Divorce

What is the uncontested divorce?

It is that divorce the spouses fail to agree on measures that will govern them in the future regarding children and marital property.

Why an uncontested divorce?

Some reasons why an uncontested divorce is more beneficial that one contentious processed form, are as follows:

1. An uncontested divorce will always be processed more quickly, greatly due to procedural simplicity involved, so that in a short space of time we have the judgment.

2. The uncontested divorce is cheaper, because this can be ordered with a single legal representation, ie, a lawyer and an attorney representing both spouses. Even if the spouses wish to be represented by two lawyers and solicitors cost it will always be cheaper than an adversary proceeding.

3. When spouses who come to an agreement on the measures that are going to govern in the future, it is much easier by these compliance, and generates less emotional cost to children who see their parents they are able to stop arguing and make decisions about their future.

What is the Settlement Agreement?

The Settlement Agreement is the document that will regulate future personal, property and parent-child relationships.

In the regulatory agreement must contain at least the following:

– The care of children subject to parental authority, the exercise of this and the system of communication and stay with the noncustodial parent.

– The attribution of the use of the home and family trousseau.

– The contribution to the burdens of marriage and food.

– The liquidation of the matrimonial regime (although not always required, and can be performed even in a later process).

– Compensatory favor of one spouse pension (if applicable).

There is no legal restriction to others within the personal and property-related aspects spouses wishing to translate clauses are included, provided that they are not harmful to children, pose a great detriment to one spouse or contrary to law .

How are the proceedings of a divorce by mutual consent?

Firstly it will seek a barrister and solicitor (the latter normally is provided by the lawyer) is mandatory since its representation.

Demand regulator with the written agreement must be submitted to the registry of the court of last shared home or the home of any of the applicants.

Once the court has received the claim shall summon the parties to a hearing for ratification (this ratification will take place separately and can even be done in different courts resorting to legal assistance).

If there are no minor children will proceed to issue a decision granting a divorce as long as three months have elapsed since the marriage. The judge must also decide on the regulatory agreement.

If there are minor children the judge asked the prosecution report on the terms of the agreement relating to the children and hear these if appropriate and provided they are over 12 years old.

If the prosecution does not object to the clauses of the agreement, the judge shall issue the corresponding judgment, on the contrary this is opposed a clause, the Court granted to spouses time to present the evidence on which the measures proposed are based in the agreement.

If finally the sentence does not approve all or part of the regulatory agreement proposed by the parties, it will be given a deadline for amending these clauses have not been approved.

In the case of spouses believe a contested divorce is not beneficial for them or for their children, due to the emotional costs and collateral damage they involve, and want to try to resolve their problems through dialogue, point out that there is Family Mediation.

Family Mediation is a method of conflict resolution through which the parties, and with the mediation of an impartial and neutral professional, negotiate their differences and make their own decisions tailored to the needs of your household, which later were translated into a regulatory agreement by mutual agreement.