Contentious divorce
In this case, a divorce petition must be filed with the court of competent jurisdiction. After the application has been filed and admitted for processing, the respondent spouse has 20 working days to reply to the application, which must be accompanied by the documents supporting his or her claim.
Following the response to the divorce petition, the court will arrange a hearing, the hearing will be held, and an interim measures hearing may even be held beforehand in the event that interim measures are necessary prior to the issuing of definitive measures, in order to regulate the situation temporarily.
Lawyers for Divorce by Mutual Agreement
The spouses decide by mutual agreement to adopt measures on personal and property matters. All these measures are set out in a document called a regulatory agreement (convenio regulador).
The minimum content of this agreement is set out in Article 90 of the Civil Code:
- Parental authority, custody of
- The use and enjoyment of the family home.
- Determination of visitation arrangements for children.
- And, in the event that it is given, the compensatory pension under Article 1438 of the Spanish Civil Code.
The court with territorial jurisdiction in cases of mutual agreement shall be the court of the last family residence.
In this case it is necessary to enclose the regulatory agreement.
The judge may issue a judgment in accordance with the spouses’ agreement, or may reject the proposed settlement agreement by means of a reasoned decision.
In the second case, the spouses shall submit a new proposal to the judge for his or her approval, if
appropriate, within the time limit estimated by his or her Honour.
Express Divorce Lawyers
Notarized divorce (divorcio notarial), also known as express divorce, is a quick and efficient option for spouses who wish to end their marriage amicably and without going to court. This type of divorce is possible when both spouses agree on the terms of the divorce and do not have minor or dependent children. The procedure takes place before a civil law Notary, which significantly speeds up the process. To initiate a notarized divorce, the spouses must present a regulatory agreement in which the different measures are established. The notary will review the agreement and, if it meets all the legal requirements, will proceed to formalise the divorce. This process is usually completed in a much shorter period of time than a judicial divorce, offering a quick and efficient solution for couples seeking an amicable separation or divorce. In this type of divorce or separation, the intervention of a lawyer is mandatory.
At Winkels Abogados, we have a team of lawyers specialised in notarized divorces, ready to advise our clients at every step of the process. Our goal is to facilitate a conflict-free separation or divorce, ensuring that all parties involved agree to the terms set out and that the process is completed efficiently and smoothly.
Lawyers for divorces and separations with Children
Separations and/or divorces with children involve a number of additional considerations that require a specialised legal approach.
In these cases, it is essential to establish clear agreements on child custody, child support and visitation arrangements. The welfare of the children is the priority, and at Winkels Abogados we focus all our efforts on this.
The first step in a separation or divorce with children is to try to draw up an agreement that addresses all the needs of the children. This agreement should include details of who will have custody, visitation arrangements and the financial responsibilities of each parent. At Winkels Abogados we work closely with our clients to ensure that this agreement is fair and equitable, always with the best interests of the common children at heart.
In cases of conflict over the measures to be established, be it custody or maintenance, among others, the process can become contentious, requiring the intervention of a judge. At Winkels Abogados we are highly experienced in family law litigation and are prepared to represent our clients in court, defending their rights and, of course, those of their children. Our goal is to achieve a resolution that protects the welfare of the children and ensures a stable future for the family.
Divorce without children
Separations and/or divorces without children are generally less complicated than those involving children, but still require meticulous attention to legal details. In these cases, the main focus is usually on the division of assets and possible financial claims between the spouses. At Winkels Abogados we offer comprehensive advice to ensure that this process is handled fairly and efficiently.
Drawing up an agreement is a key step in childless divorces. This document should set out how the assets accumulated during the marriage will be divided, as well as any other relevant financial issues.
Our lawyers have extensive experience in drafting these agreements, ensuring that the rights of both parties are respected and that equitable agreements are reached.
In case of disagreement over the division of property, the process may escalate into a contentious divorce. In such situations, we at Winkels Abogados are prepared to represent our clients in court, defending their interests and ensuring that a fair resolution is reached. Our team is committed to handling these cases with the utmost diligence and professionalism, always seeking to minimize stress and strain for our clients.
