Divorce is a complex personal process where proper advice is crucial. Last year, over 3,400 divorces were registered in Euskadi, representing an increase from the previous year. In these cases, the first step is to seek an agreement so that the end of the relationship can be managed consensually.
“"The emotional cost, the economic cost, and even the time needed to complete the procedures are incomparable."
The amicable and contentious paths are entirely different scenarios. The former drastically reduces the emotional and economic costs, as well as the time required for procedures. Therefore, achieving consensus is fundamental.
The central document of the process is the regulatory agreement, a contract where the parties outline the measures that will govern their relationship. If there are no minor children, the procedure can be carried out directly at a notary's office. Otherwise, it is mandatory to go to court for a prosecutor to validate that the agreement protects the interests of the minors.
When there are no children, the agreement establishes the division of common assets (liquidation of the matrimonial economic regime), who will use the family home, and whether a compensatory pension is due to one of the parties. If there are minor children, decisions regarding parental authority, custody (which is generally shared), and child support for the children's expenses are added.
If there is no consensus, current legislation does not require reasons for divorce; it is sufficient for one member to request it. If the other party refuses to agree or “raises objections to the measures,” there is no alternative but to resort to a contentious procedure for a judge to decide. This path involves a trial with the presentation of evidence and witnesses, which extends deadlines and increases tension. The final outcome is beyond the parties' control, which is why it is advisable to try to reach agreements so that the measures, even if not ideal, are those chosen by the individuals.
