Divorce in Torremolinos,
Benalmádena and Fuengirola

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Divorce lawyers

Mutual agreement, contentious and before a notary.

Deciding to undergo a separation or divorce, supposes a sentimentally painful process by putting an end to cohabitation, even more so when there are minor children in common.

It is very important to get the right information from a specialist divorce lawyer in Torremolinos, Benalmádena or Fuengirola before you present the decision to your partner, so that you can resolve all your doubts and avoid mistakes.

We are your trusted lawyers

Choose experience and professionalism.

At Toscanolex, we are here to help you, we are a reference law firm, whether it is a divorce by mutual agreement, a contentious divorce or a divorce before a notary, you will have the legal support of a lawyer specialised in divorce.

In the case of deciding to divorce before a notary, the requirements are that you agree, and that there are no children in common or that they are already financially independent. The divorce can be finalised within a week.

How will we work?

Our matrimonial lawyer in Torremolinos, Benalmádena and Fuengirola will study your case in a unique way, forging an idea of your interests and offering you the advice and legal alternative best suited to your needs.

 

The price of the divorce lawyer will depend on your circumstances, assets, children, whether or not a settlement can be reached… etc. Speak to a specialist lawyer now and resolve all your doubts.

Differences between divorce and separation

There are clear differences between separation and divorce.

 

You may think they are the same, but they are not. The differences between separation and divorce exist legally, and these differences can affect each member of a relationship and also a family in different ways, because children also suffer the consequences.

 

When the parties opt for the termination of the cohabitation, it is important that they are aware of the consequences.

 

In order for you to know the difference between these legal terms we will mark their most evident differences:

 

Separation leaves an option for a possible reconciliation whereas divorce is a definitive break-up. We explain it in detail.

 

Separation does not end the marriage, so both spouses will continue to be husband and wife by law. A de facto separation is carried out in practice and the measures are legally regulated. The parties will be separated but the marriage will remain active, so that neither of the spouses will be able to marry a third person. The separation makes it easier for the spouses to get back together.

 

In the case of DIVORCE the situation is quite different. Here the dissolution of the marriage is total and the two parties will be free to rebuild their lives with whomever they wish. In the civil registry, the parties will appear as divorced. There is also the possibility that these two people may decide to resume their relationship again, but to formalise it they will have to go through all the formalities of a new marriage again.

 

You may think that this is the same thing, but it is not. The differences between separation and divorce exist legally, these differences can affect each member of a relationship and also a family in different ways, because children also suffer the consequences.

 

When the parties choose to terminate their cohabitation, it is important that they are aware of the consequences. The first step taken is usually separation and the second is divorce, which is much more definitive.

In order for you to know the difference between these legal terms we will mark their most evident differences:

 

Separation leaves an option for a possible reconciliation whereas divorce is a definitive break-up. We explain it in detail.

 

Separation does not end the marriage, so both spouses remain husband and wife by law.

 

They will be separated but with the marriage active, so neither of the spouses will be able to remarry, neither between them nor with third parties. The separation facilitates the procedures, from any point of view (also from the economic point of view, since the society will be created again, although with the regime of separation of property it could be established the opposite), to be together again.

 

In the case of divorce the situation is quite different. Here the dissolution of the marriage is total and the two parties will be free to rebuild their lives with whomever they wish. There is also the possibility that these two people may decide to resume their relationship again, but to formalise it they will have to go through all the formalities of a new marriage again.

 

Our firm will help you so that your contentious separation or divorce is not a long and tedious process

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At ToscanoLex we offer you the services of our law firm so that you can count on the legal advice of a specialist lawyer in civil law who will take care of your divorce by mutual agreement. If you have reached an agreement with the other party, the most complicated part has already been done. We will help you find the best solution for you and your loved ones.

 

If the case arises, we also offer you the services of our law firm so that you can count on the legal advice of a lawyer specialised in civil law who will deal with your contentious divorce avoiding unnecessary delays.

 

A contentious divorce is not easy for either party. Ending a marriage is not a simple task. If there is no willingness to agree between the parties, it is when the contentious divorce action is filed that gives rise to the process.

Perhaps your idea is to have an express divorce, but the truth is that a contentious divorce process can be a long and heavy road, therefore, you will need the help of an expert divorce lawyer to help you simplify the process.

 

In a process of this type, you will have an expert divorce lawyer who will advise you on your best choice in all the decisions you will have to make: shared custody, alimony, visitation, liquidation of community property and a long list of other issues.

Types of divorce

Our team of divorce lawyers in Torremolinos, Benalmádena and Fuengirola work to find the best option for the type of divorce process you need, whether it is a divorce by mutual agreement or contentious.

 

MUTUAL AGREEMENT BY JUDICIAL PROCEDURE.

It is best for both parties to divorce by mutual agreement. Not only because of its speed but also because it is cheaper, less traumatic for both parties, and less harmful if there are children in the marriage.

 

This type of procedure, depending on the court, usually takes around 3-6 months.

 

The aim is that the spouses have the ability to sit down and talk, each with their own lawyers, or with the same lawyer, about the conditions of the break-up. In this way reaching an agreement and finally presenting it to the court for the authority or approval.

 

Our firm will take care of drafting the Regulatory Agreement, with all the measures and will present it together with the divorce petition to the Court.

In reference to the economic savings will be considerable with this type of divorce, as they are shorter divorces, and there will be no need to prepare and attend a trial.

 

CONTENTATIVE Litigation through the courts.

In the event of not reaching an agreement between the two parties, they will opt for the contentious route where a judge will decide on all aspects related to the dissolution or separation of the relationship after having seen what has been presented by the lawyers of both parties. The reasons for the disagreement are usually very varied, from sentimental to material, including child custody and many more.

 

Both parties will face longer litigation. Although in many cases there is no other possibility, there are situations that begin with the appearance of contentious divorce and finally end in a divorce by mutual agreement.

 

DIVORCE BEFORE A NOTARY (KNOWN BY SOME AS EXPRESS DIVORCE).

This novelty in divorces was introduced a few years ago and offers the possibility to go through a divorce procedure, without the need to go through the judicial process.

 

In a few weeks, we can have the divorce.

 

Since its approval, many divorces have been processed by this way quickly and easily although to be able to access this divorce procedure there must be a series of requirements:

 

  • The spouses who wish to divorce in this way must agree both on the divorce and on the measures to be applied. The document “convenio regulador” must be drawn up by mutual agreement, in which the issues relating to the children, visiting arrangements, family home, alimony, compensatory pension and liquidation of the economic regime of the marriage, where applicable, are drawn up.
  • That there are no minor children of the marriage, nor children of legal age but economically dependent.
  • That there are no minor children of the marriage, nor children of legal age but economically dependent.
  • To have been married for at least three months.
  • To have been married for at least three months.
  • The advice and signature of a lawyer is obligatory, but it is not necessary to have a solicitor.
  • It is compulsory to have a lawyer.

Advantages of divorce by mutual consent

A vision for the future, some empathy and generosity on both sides will turn a divorce that was to be settled by contentious means into an uncontested divorce with a number of advantages for both spouses. The benefits for this type of divorce to highlight are:

 

The most important advantages are:

 

  • That the parties (advised by family law lawyers) decide themselves on the measures they want to carry out after the divorce. They are the ones who decide who gets custody, alimony, the use of the family home….. It will not be a judge who will make the decision, as he/she will only approve the Regulatory Agreement.
  • Settlement at the same time of the community of property or distribution of joint assets. It will save you a lot of paperwork in the future.
  • Faster. There is no need to drag out a process for a year or more when it is possible to settle it in less than a month (divorce before a notary) or a few months (divorce by mutual agreement through the courts).
  • More economical.
  • More practical.
  • More practical.

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