When considering the processing of a divorce or separation in which there have been no children, we must know what differences it presents with respect to divorce with children.
The divorce without children may be regulated by mutual agreement or contentious, like any other separation, however differ measures to regulate the absence of common children.
In the case of mutual agreement, this may take place through the courts or before a notary. If it is processed judicially, you must file a mutual agreement claim before the competent court, attaching a regulatory agreement that will be drawn up by your matrimonial lawyer, with the agreed measures, signed by both spouses together with the mutual agreement claim that your lawyer will present.
Since 2015, divorce when a series of requirements are met, such as divorce without children, can be processed before a notary. In this case, the regulatory agreement that includes the measures will be incorporated into the notarial deed of divorce, for subsequent registration in the Civil Registry. The advantage of doing it before a notary is the reduction of time, since its processing is faster than in the case of doing it through the courts.
When there is no agreement between the spouses, the divorce or separation will become contentious, and your divorce lawyer must then file a contentious claim with all your claims.
What measures should be regulated in a divorce without children?
As for what measures should be regulated in divorce without children, these are reduced to the following:
- Use of the family home (if any)
- Compensatory pension (in the event that the requirements for its origin are met)
Both spouses may also take advantage of the divorce proceedings to liquidate the joint property partnership in the same process, check with your family lawyer.
Use of family home
When there is a home where the marriage has resided, which is owned by both, before it is awarded to one or the other spouse (in the corresponding procedure), it is necessary to determine in whose favor the use is established.
It is important that we know that one issue is to talk about the use of the home and another about its ownership. In the divorce without children, the use of the home is regulated, resolving the adjudication of the same (property of the property) in another process, through the liquidation of the community property or the termination of the condominium, in the case of a private property of the spouses.
As your lawyer specialized in family law will explain to you in the absence of minors who require special protection, the courts tend to establish the use of the domicile in favor of the spouse who is in a worse situation from the economic point of view, health, etc…
However, this use does not have to be indefinitely, since more and more frequently the judge establishes a maximum term for exclusive use in favor of one parent, agreeing some posteriori an alternative use in favor of each of the owners. for semi-annual, annual periods, etc…. With this measure, the Judge encourages the sale of the home, since no owner likes to have to change their home annually or every 6 months, resulting in the willingness of both owners to put the home up for sale or buy at another owner his share.
The issue of the use, liquidation and adjudication of the home in a divorce without children involves more difficulties than it may seem a priori, hence it is important to have a divorce lawyer who will advise you on the best strategy to achieve your goals, this issue can make us stop being in the well-known express divorce
Alimony in a divorce without minors
The fixing of the compensatory pension is another matter to regulate in the divorce without children. Its setting is not always appropriate, but for those cases in which it does, it must be regulated both in the regulatory agreement in the event that it is a divorce by mutual agreement and in the sentence, in the event that we face a contentious process.
As you can see, even if there are no children in the marriage, the divorce / separation process also requires the intervention of a family lawyer, so if you require a lawyer specialized in divorce / separation matters, call us and we will solve all your doubts.
We help you
If you have made the decision to separate, or it is your partner who has raised the breakup, surely you will have many initial doubts about how to act or what decisions you should make or avoid. At this time, it is vital to have adequate advice from the beginning in order to avoid mistakes that could be harmful in the future.
Therefore, we have prepared this guide that will solve all those issues that create so much insecurity at the beginning of these processes. In any case, remember that each separation has its own peculiarities, so if you have any questions, contact us and we will find the best solution.
You may also like to read: Protect your estate: the importance of the will