Origins of the changes in measures
The modification of measures can have different origins. Depending on the type of change of circumstance that justifies it, we will order the modification of measures in one of these 3 categories:
- Affect your children
- Affect you or your ex.
- Are legal or jurisprudential.
Of all the measures that can be modified, you are sure to be interested in one of them in particular. This modification may fall into one or more of the three categories mentioned above (i.e. the types of reasons that justify the modification you need). In the following index you will find the measures to be modified in a divorce, choose one or more and ask us everything you need to know about it:
- Custody of your children, shared custody by modification of measures due to a change in your life, your ex’s life, law or jurisprudence.
- Modification of support payments due to a change in the circumstances of your life, that of your ex or the development and growth of the children of both of you.
- Modification of the use of the family home due to a change in circumstances.
- Modification of the patria potestas due to a change of circumstances.
- The modification of the compensatory pension due to a change of circumstances.
- The modification of the visitation regime due to a change of circumstances.
If you think you could help your children with a modification of measures, don’t wait any longer and talk to your matrimonial lawyer specialising in modification of measures.
Essential aspects of the modification of measures
In order for the modification of measures to take effect, whether it affects you or your ex-partner, your children or a case law, there are some general requirements that the courts and tribunals demand, which are described below:
- The facts claimed for the modification of measures must have occurred prior to the judgment where the measures were established. What was not alleged at that time is no longer valid to obtain a change
- The change or variation of circumstances must have sufficient legal weight and entity to justify the modification of measures that is claimed.
- The change that justifies the modification must be due to an event that was not previously present.
- They must be permanent. The changes in existing circumstances must be continuous and stable. If this change is momentary, the courts and tribunals will reject our application for modification of measures.
- The change of circumstances will have occurred for reasons beyond the control of the plaintiff seeking the modification. Otherwise, the application for modification of measures will also be dismissed.
In summary, it must be demonstrated that the circumstances that were considered to set the measures in the judgment or in the regulatory agreement have changed; the measures must be adapted to the time that is being lived and not remain at a standstill in time as circumstances change.