In Spain, should the decision by a couple to divorce be arrived at mutually by both spouses then it is possible to avail of the ‘Express Divorce’ process which is quicker and less costly. Essential to the express divorce process is the divorce local government association agreement. The divorce agreement is an agreement arrived at between the parties to divorce proceedings and it essentially enumerates the method by which various potentially contentious matters in divorce proceedings should be resolved.
Within the process of divorce a number of issues are typically of utmost importance; for example how the custody of any children is to be resolved or the use of the family home. The divorce agreement establishes the framework for the resolution of any contentious matters following the divorce. The Civil Law allows for a large degree of autonomy when setting-up such agreements and the majority of the points contained within the agreement may be agreed between the parties at any point during the process. The spouses can agree as to the amount of any alimony payments, with which spouse any children will stay, the use of the family home etc.
For a divorce by mutual consent, the divorce agreement is absolutely necessary and should be included with the divorce petition. While the divorcing couple have a fair amount of freedom when it comes to the terms of the agreement, it only becomes binding when the judge, having determined the legality of the agreement, includes it in the judgment. The judge will substitute any invalid terms or clauses and make those additions deemed to be necessary to give effect to the legally valid wishes of the parties. In the case of contested divorce proceedings where there is no divorce agreement, the judge determines the rules that regulate matters between the parties though the parties may submit their proposals for an agreement. The submissions should at the very least refer to the following issues:
Who will benefit from the use of the family home,
Who will have custody of any children or issue of the marriage, including the right to determine the manner of the upbringing of the children, visitation rights including communication and overnight stay,
The visitation and communication rights of indian business law books grand-parents if considered necessary
The financial contributions towards the upkeep of the children: for those under the age of legal majority, those over the age of legal majority, schooling costs, clothing and housing costs etc
Determination of any alimony payments
Division of any joint assets
The divorce agreement or, in the absence of agreement, the measures adopted by the court may be varied at a later date should the circumstances of either of the parties change. Such a variation would require a petition to the court.