One: The Marriage Regime and the applicable Law.
Two: Deciding which of the two parties will keep the use and enjoyment of the habitual residence. Please note that property ownership right is not being discussed at all this point, it is just to decide who will use the property that was registered as the family’s last place of residence.
Three: Deciding which of the two spouses should get the guardianship and custody of the under aged children.
Four: To agree on the visitation schedule and visit regime for the parent who does not have custody of the children; that is, when and how will he /she be able to visit the under aged children.
Five: To agree on the amounts that spouses will have to contribute towards the maintenance of the expenses of the family; mortgages, etc.
Six: To agree on the amounts to be paid for the maintenance of minor children and also for children that even though being legal age are dependent on parents ( Children Maintenance).
Seven: To agree, when appropriate, the amount to be met by one spouse for the other to offset the economic imbalance resulting from the separation and / or divorce (Maintenance to Spouse).
Eight: It can be included in this agreement, but it is not a must, the split of the assets of the marriage or liquidation of the marriage community.
In the event that this type of agreement is reached and signed it is very important to understand the short-and long-term consequences and the different natures of the agreed obligations and maintenance or alimony. Do not forget that the agreed measures, such as maintenance, contribution to the expenses of the family etc. are not unchangeable and may require modification if the circumstances that now justify these measures should change in the future.
Therefore it is very important to try to reach an agreement over the above mentioned points, with your partner, husband and /or wife in case of a family crisis and to seek the advice of an independent Lawyer (solicitor, abogado) so that the agreement is drafted the most convenient way to protect your interests and the interests of your children.
Should this be your case, or the case of someone you know, we will be more than pleased to assist you.
*The information provided on this article is not intended to be legal advice, but merely conveys general information related to legal issues.
*This article about divorces in Spain is available in English and Spanish in our Web site: www.white-baos.com
White & Baos Abogados & English Solicitors.
Tel: (0034) 966 426 185