The modification of measures is a judicial action that allows for the review and change of the conditions established in a separation, divorce or parental measures judgment.
Specifically, Article 90 of the Civil Code, penultimate paragraph, establishes that the measures adopted by the judge in the absence of an agreement, or those agreed by the spouses, may be modified judicially or by a new agreement when the circumstances are substantially altered.
This procedure is based on the principle that the personal and economic circumstances of the parties may change over time, necessitating an adjustment of previously agreed measures to bring them into line with the new reality.
Modifications can be requested in different areas, such as child custody, child maintenance, visitation arrangements and the use of the family home. In order for the judge to approve the modification, it is essential to demonstrate a substantial change in the original circumstances that led to the initial judgment. These changes may include variations in the income of one of the parents, the birth of new children, changes in the needs of the children, or changes in the employment or health situation of one of the parents.
The procedure starts with the filing of a request for modification, supported by evidence to justify the requested change. This process can be complex, so it is advisable to have lawyers specialised in modification of measures to ensure a correct presentation of the case and maximise the chances of success. In summary, modification of measures is a vital legal remedy to adapt judicial decisions to the changing circumstances of family life and to ensure the well-being of all parties involved.
