Divorce shall be decreed judicially, regardless of the form of celebration of the marriage, at the request of only one of the spouses, of both, or of one with the consent of the other (…)
Article 87 of the Civil Code also indicates that if there is mutual agreement usa number list between the spouses, they may agree to their divorce by formulating a regulatory agreement before the court clerk or in a public deed before a Notary .
As you can see, there are different ways to make the divorce effective. Depending on the will of the parties, one or the other will be used. You can also start the contentious divorce route and end it by mutual agreement and vice versa, that is, they are not exclusive. If you find yourself in this situation, it is best to put yourself in the hands of divorce lawyers in Madrid who are experts in the field who will advise you and help you decide which is the best way to dissolve your marriage.
There are two kinds of divorce:
Mutual agreement
Contentious
It is very important not to confuse them with the forms or the divorce process that can be: divorce before a notary, express divorce, divorce without children, with children, etc. Regardless of the type of divorce and the way it is processed, the presence of a lawyer is necessary since he will advise, support and guide you throughout the process since getting divorced is a difficult experience. If you are looking for the best divorce lawyer in Madrid, you will find the Logicalia directory, where you will find great professionals and experts in Family Law.
Divorce by mutual agreement
This type of divorce is included in art. 777 of the Civil Procedure Law . If you have a good relationship with your partner, it will always be a good option to decide on a divorce by mutual agreement. It is fast, simple and economical for both parties. Even if there are minor children, a divorce by mutual agreement can be granted. Both spouses can hire the same lawyer and solicitor to handle the entire process, which considerably reduces costs compared to a contentious divorce.
Conditions for divorce by mutual agreement:
Three months must have passed since the spouses were married.
Both spouses must agree to dissolve the marriage.
A regulatory agreement is drawn up where the terms of the divorce are agreed upon and will be ratified by a judge.
If there are minor children, the regulatory agreement must also be approved by the Public Prosecutor's Office .
Finally, the divorce will be recorded in a court ruling.
In the latest reform, divorces by mutual agreement have been dejudicialized and can be carried out before a Notary, as long as there are no minor children.
The key to this type of divorce is the understanding of the parties, as we have been saying throughout the explanations. In fact, it is often common to start a contentious process and end in a divorce by mutual agreement, for this the figure of matrimonial lawyers is key since they help you to have a more objective vision and tend to seek an agreement between the parties since it is what most benefits those they represent.