How I divorce my mutual agreement

As it is already known, in many occasions the love that a couple promises does not last a lifetime, for this reason when a marriage has come to an end, a simple judicial process must be followed so that this separation is legal, which it is called, dissolution of the marriage bond. If both parties agree to the separation and with most of the points of the dissolution of their marriage, we can say that we are facing a divorce by mutual agreement (otherwise, if the divorce looms without agreement, it is said that we are facing a contentious divorce, which is longer and more difficult in all its terms).

Steps to follow:

one

Divorce by mutual agreement is regulated in article 777 LECivil EspaƱola

two

It must have been 3 months since the marriage was celebrated.

3

Once the decision to divorce has been taken, we must go to a lawyer, who will prepare together with you, or only with one but always with the consent of the other spouse, the demand with all the points to treat and a divorce agreement, which regulates all the ends of the divorce.

4

The divorce petition by mutual agreement must contain; Demand.Proposal of regulatory agreement, it will be signed by both spouses in all its pages.Certificate of marriage.Power representation in favor of a Procurator.If there are children; literal certification of the child's birth. Documents certifying the economic status of the spouses.

5

Once submitted to the Court, it will summon both parties to go to the Court to ratify the agreement presented; that is, before an official confirm that the regulatory agreement presented is actually signed by both parties. (If one of the parties does not appear, the divorce process will be filed by mutual agreement).

6

Then it will be transferred to the Public Prosecutor's Office, which will confirm that no harm is done to the minor.

7

Shortly you will receive a sentence in which the agreement you signed will be approved, the dissolution of the marriage bond will be established and all the original documentation that you contributed at the beginning will be returned.

8

If the Judgment does not approve all the points of the agreement, the parties may submit a new agreement within 10 days.

9

Yes, in 20 days, none of the parties lodges an appeal, this ruling will be final.

10

From then on, and with your registration in the Civil Registry, your civil status will be modified.

Tips
  • Always go to a lawyer, if you can be both together with the same lawyer, the processing will be simpler and surely the expenses too. Try to have the important points clear between the two, so there are no arguments and it becomes a contentious divorce, which is much longer and the price usually also goes up considerably, apart from the damages that you can collaterally cause your child without want. There are lawyers specialized in this specific matter.