Divorce and Separation
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Expert Divorce Lawyers

Mutual Agreement, Contentious, and Notarial.

Deciding to undergo a separation or divorce is an emotionally painful process as it marks the end of cohabitation, especially when there are minor children involved.

It is very important to seek proper advice from a divorce lawyer in Torremolinos, Benalmádena, or Fuengirola before discussing the decision with your partner. This way, you can resolve all your doubts and avoid mistakes.

 

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At Toscanolex, we understand that the divorce process can be one of the most difficult decisions to make. We offer expert guidance to help you navigate the different types of divorce: mutual agreement or contested. Our priority is always to safeguard the interests of our clients while seeking fast and fair solutions. We support you every step of the way, from filing the petition to the final resolution, reducing the emotional, financial, and legal burdens.

We handle every aspect of the process, from drafting regulatory agreements to defending your financial and family rights. Our goal is to achieve a fair and balanced outcome, prioritising the well-being of the children and addressing the needs of every family member.

 

How will we work together?

Our family law attorney in Torremolinos, Benalmádena, and Fuengirola will carefully examine your case, gaining an understanding of your interests and providing you with tailored advice and the most suitable legal solution for your needs.

 

The cost of a divorce lawyer will depend on your specific circumstances, such as assets, children, whether an agreement can be reached, and more. Speak with a specialized attorney now to address all your concerns.

Differences between divorce and separation

There are clear differences between separation and divorce.

 

You might think they are the same, but they are not. Legally, there are differences between separation and divorce that can affect each individual in a relationship and a family in different ways—children also suffer their consequences.

 

When both parties decide to end cohabitation, it’s important to understand these consequences. To help clarify the differences between these legal terms, we will outline their most evident distinctions:

 

Separation leaves the option for possible reconciliation, while divorce implies a definitive break. Let’s explain this in detail:

 

SEPARATION does not end the marriage, meaning both spouses will remain legally married. A practical separation occurs, and legal measures are established. The parties will be separated, but the marriage remains active, so neither spouse can remarry or marry third parties. Separation simplifies the process of possibly reconciling.

 

In the case of DIVORCE, things change significantly. Here, the dissolution of the marriage is total, and both parties are free to start new lives with whom they choose. In the Civil Registry, they will appear as divorced. While there is a possibility that these two people might decide to resume their relationship, they would need to go through all the formalities of a new marriage.

 

You may think they are the same, but legally, there are clear differences between separation and divorce, which can impact each member of a relationship and their family in various ways, including the consequences for children.

 

When the parties opt to end cohabitation, it is crucial they understand these differences. The first step typically involves separation, and the second step is divorce, which is much more definitive.

 

To clarify these legal terms, we will outline their most apparent distinctions:

 

Separation leaves the option for possible reconciliation, while divorce implies a definitive break. Let’s explain this in detail:

 

Separation does not end the marriage, so both spouses remain legally married. They will be separated but still considered married, meaning neither can remarry, not with each other nor with third parties. Separation facilitates the process, from a practical standpoint (including economic aspects, as societal property may be divided under a separation of assets regime), to possibly reconciling.

 

In the case of divorce, things change significantly. The dissolution of the marriage is complete, and both parties are free to build new lives with whom they choose. Additionally, there is the possibility that they may choose to resume their relationship, but to formalize this, they would need to go through all the procedures of a new marriage.

 

Our firm will help ensure your contentious divorce process is not lengthy and complicated.

 

At ToscanoLex, we offer the services of our law firm so you can receive legal advice from a specialized family law attorney who will handle your uncontested divorce. If you have already reached an agreement with the other party, the most difficult part has already been done. We will help you find the best solution for you and your family.

 

If necessary, we also offer the services of our law firm to provide legal advice from a family law expert who will handle your contentious divorce, avoiding unnecessary delays.

 

A contentious divorce is not easy for either party. Ending a marriage is no simple task. If there is no willingness to reach an agreement between the parties, the contentious divorce process is initiated, leading to the formal proceedings.

 

You may want an expedited divorce, but the reality is that a contentious divorce process can be long and cumbersome. Therefore, you’ll need the assistance of an experienced family law attorney to simplify the process.

 

In such a process, you will have a divorce attorney advising you on the best course of action regarding crucial decisions like shared custody, alimony, visitation rights, property division, and other important matters.

Types of divorce

Our divorce lawyer team in Torremolinos, Benalmádena, and Fuengirola works to find the best option for your divorce process, whether it’s an amicable divorce or a contentious one.

 

MUTUAL AGREEMENT VIA JUDICIAL

The best option for both parties is to pursue a mutual agreement. Not only is this process faster and more cost-effective, but it is also less traumatic, especially when there are minor children involved.

 

This type of procedure typically takes around 3-6 months according to the court. The goal is for the spouses to sit down, either with their own lawyers or with a single lawyer, to discuss the terms of the divorce. After reaching an agreement, the terms are submitted to the court for approval.

 

Our firm will handle drafting the Regulatory Agreement and submit it along with the divorce petition to the court.

 

Financial savings are significant with this type of divorce, as it’s shorter and there’s no need to prepare for or attend lengthy court proceedings.

 

CONTENCIOSO (JUDICIAL CONFLICT)

If no agreement is reached, a contentious divorce process will be pursued. In this case, a judge will determine all aspects related to the dissolution or separation of the relationship after hearing from both parties’ lawyers. The reasons for disagreement can vary from emotional to material, including issues related to child custody, financial settlements, and more.

 

This type of process tends to be longer and more complex. Even if parties initially start with a contentious divorce, some may end up reaching a mutual agreement eventually.

 

DIVORCE BEFORE A NOTARY (SOMETIMES REFERRED TO AS “EXPRESS DIVORCE”)

This relatively new form of divorce, introduced a few years ago, allows couples to bypass court procedures. In just a few weeks, the divorce can be finalized.

 

To access this procedure, certain requirements must be met:

  • Both spouses must agree on the divorce and the terms of the settlement, such as child custody arrangements, visitation schedules, alimony, compensatory pensions, and property division.
  • There must be no minor children from the marriage, nor dependents over the age of 18.
  • At least three months of marriage must have elapsed.
  • A lawyer is mandatory, but a legal representative (procurador) is not required.

 

This method has become increasingly popular due to its simplicity and efficiency.

Advantages of Mutual Agreement Divorce

A future-oriented vision, empathy, and generosity from both parties can help shift a divorce that was initially set to be resolved through contentious means toward a mutual agreement divorce, offering several advantages for both spouses. The key benefits of this type of divorce are:

 

The most important advantages are:

  • The parties (advised by family law specialists) themselves decide on the measures they wish to take after the divorce. They determine custody, child support, the use of the family home, etc. A judge will only approve the Regulatory Agreement, not make these decisions.
  • Simultaneous settlement of the community property regime or division of shared assets, saving future administrative processes.
  • Faster: No need to extend the process for a year or more when it can be resolved in less than a month (notary divorce) or within a few months (mutual agreement divorce via judicial process).
  • More cost-effective.
  • More practical.

At Toscanolex, we understand that the divorce process can be one of the most difficult decisions to make. We offer expert guidance to navigate through the different divorce options: mutual agreement or contentious, always prioritizing our clients’ interests and seeking quick and fair solutions. We accompany you every step of the way, from the filing of the divorce petition to the final resolution, minimizing emotional and financial costs and legal complications.

We handle the entire process, from drafting regulatory agreements to defending your property and family rights. We work to achieve a fair and balanced solution, prioritizing the well-being of children and the needs of each family member.

 

Advice on mutual agreement divorces

At Toscanolex, we support you throughout the divorce process, whether it’s a mutual agreement or a contested divorce. In the case of a judicial mutual agreement divorce, the process is handled by the court and typically lasts around 3 months. This process begins with the filing of a petition, accompanied by the Regulatory Agreement (Convenio Regulador), which reflects the agreements reached between the spouses. The court then schedules a date for ratification, a simple procedure where both spouses confirm before the judge that they agree to the signed agreement (there is no need for a full trial). Finally, the process concludes with the issuance of the divorce decree.

Advice on contested divorces

When the parties fail to reach an agreement, it is necessary to pursue a judicial route, allowing a judge to decide on family measures. This process can take several months, or even years, depending on its complexity and whether joint assets need to be liquidated. The process begins with the submission of a divorce petition, to which the other party must respond. A hearing is then held, after which the judge issues a final ruling.

Notarial divorce

This process allows for the dissolution of the marriage in a quick and simple manner. It is a fast and convenient option, as it can be completed in just a few weeks. This route offers flexibility, as the couple can choose a convenient date and time to sign the divorce before a notary. To qualify for this option, the divorce must be mutually agreed upon, and there must be no minor children or financially dependent adult children.

  • Full support from filing the petition to final resolution
  • Negotiation of agreements for a fast, conflict-free resolution
  • Defending your interests and protecting your rights at all times

 

Key Differences: Divorce, Separation, and Parental Measures:

 

Parent Measures

Parental measures regulate the rights and responsibilities of parents when they are not married. Children have the same rights in the eyes of the law and their parents, regardless of whether their parents are married or unmarried.

Separation

Separation occurs when the couple decides to cease cohabitation, and the necessary measures concerning children are regulated. Unlike divorce, separation does not officially dissolve the marriage, meaning the couple does not appear as “divorced” in the Civil Registry. After a period of separation, the couple can reconcile, in which case their marital status reverts to “married”, or they can decide to formalise the separation into a divorce.

Divorce

Divorce results in the complete dissolution of the marriage, and this change is recorded in the Civil Registry. Measures concerning children are also regulated. The types of divorce procedures available are:

  • Notarial Divorce
  • Judicial Mutual Agreement Divorce
  • Judicial Contested Divorce

Do you need help?

Rely on Toscanolex Lawyers.