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Modification of Measures
on the Costa del Sol (Torremolinos and Marbella offices) and Ibiza
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Expert lawyers in the modification of divorce measures.
Mutual Agreement or Contested Process.
The modification of measures is the adjustment to changes in circumstances that arise during a divorce when they carry enough weight. Trust your expert lawyers—Toscanolex has a team of specialists in divorces ready to assist you with the modification of measures process.
It is very important to seek proper guidance from a divorce specialist lawyer for the modification of measures in Torremolinos, Benalmádena, or Fuengirola before discussing the decision with your ex-partner, so that you can clarify any doubts and avoid making mistakes.
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At Toscanolex, we are here to help. We are a leading law firm for divorce measure modifications, providing you with the legal support of a specialist lawyer.
The best option for obtaining a modification of measures due to changes in circumstances, whether in your life or that of your ex. Visitation schedules, shared custody, child support, housing allocation, and other measures may be subject to modifications.
Family circumstances can change, and with them, the measures established during the divorce process. At Toscanolex, we assist you in the review and modification of court rulings related to child maintenance, custody, or visitation schedules, whether due to changes in financial, employment, or personal circumstances.
A court ruling establishes the measures that both parties must comply with, both with each other and regarding their children. To modify these measures, it is essential to obtain a new court ruling to replace the previous one.
It is common for parents to reach out-of-court agreements and informally modify these measures. However, if a dispute or misunderstanding arises, these informal agreements have no legal validity and cannot be enforced in court.
When can a modification of measures be requested?
The most common reasons include:
- A change of residence that makes it difficult to comply with the agreed custody arrangements.
- Any change that directly or indirectly affects the welfare of the children.
- The repeated non-compliance with the established measures.
Who can request a modification of measures?
Any of the parties involved may request it. Ideally, a mutual agreement should be reached, as this is the quickest and most beneficial route. However, if an agreement is not possible, it will be necessary to initiate contentious legal proceedings.
Our professionals provide comprehensive advice on the modification of child custody, the most appropriate maintenance options, and any other queries you may have. We always act with full awareness of the emotional and legal importance of these situations, offering a service that is committed and focused on the well-being of our clients and their families.
We specialise in finding solutions that adapt to new family realities, submitting applications based on current legislation and contemporary needs:
- Review of Custody and Visitation Arrangements: We request changes to agreements when new circumstances arise that affect the welfare of the children.
- Adjustment of Maintenance Payments: We adapt financial obligations to current realities, whether due to job loss, increased income, or other justifiable reasons.
- Changes in Family Circumstances: We provide advice in cases of relocation, remarriage, or any significant change that requires a judicial review.
- Judicial Proceedings: We represent you in the necessary proceedings to formalise any modification before the courts.
Origins of changes in custody arrangements
The modification of measures can have various origins. Depending on the type of change in circumstances that justifies it, we will categorize the modifications into one of these three categories:
- Affecting your children.
- Affecting you or your ex-partner.
- Legal or jurisprudential.
Of all the modifiable measures, you’re likely interested in one in particular. This modification may fall into one or more of the three categories mentioned above (i.e., the types of reasons justifying the specific modification you need). In the following index, you’ll find the measures to modify in a divorce. Choose one or more and consult us with any questions you have:
- Child custody: Modification of custody arrangements due to changes in your life, your ex-partner’s life, legal aspects, or jurisprudence.
- Child support modification: Due to changes in your circumstances, your ex-partner’s circumstances, or the development and growth of both children’s lives.
- Modification of the family home usage: Due to changes in circumstances.
- Modification of parental authority: Due to changes in circumstances.
- Alimony modification: Due to changes in circumstances.
- Visitation schedule modification: Due to changes in circumstances.
If you believe a modification of measures could benefit your children, don’t wait any longer—speak with a specialist family lawyer in measure modifications.
Essential aspects of the modification of measures
For the modification of measures to have an effect—whether it affects you or your ex-partner, your children, or a legal precedent—certain general requirements must be met, as outlined below:
- The facts required for the modification of measures must have occurred prior to the court decision that set those measures. What was not argued at that time will no longer be valid for seeking a change.
- The change or variation in circumstances must have sufficient legal weight and significance to justify the requested modification of measures.
- The change justifying the modification must be due to an event that was not previously presented.
- The change must be permanent. Courts and tribunals will dismiss any modification request if the change is temporary.
- The change in circumstances must have been caused by factors beyond the control of the party requesting the modification. Otherwise, the modification request will also be dismissed.
In summary, you must demonstrate that the circumstances considered when setting the original measures have changed. Measures need to be adapted to the current circumstances and not remain static, as circumstances evolve.
Do you need help?
Rely on Toscanolex Lawyers.
