Making the decision to divorce is a very important and complicated step since it has emotional and legal repercussions. Many clients are afraid and believe that it will be a process that will bring a lot of headaches, but it does not have to be that way. Here are some recommendations if you want to get divorced:
The first recommendation or advice I give you before starting a divorce process is to consider going to Family Mediation. While it is true that with the new Organic Law 1/2025 that will enter into force on April 3, 2025, for many processes it will be mandatory to go to family mediation, this tool is very useful to try to resolve disputes peacefully. You can deal with everything related to the custody of your children, alimony, distribution of assets etc.
The second recommendation I give you is to try to reach an amicable agreement with your ex-spouse to make the process faster and less costly. This would avoid long and conflictive legal proceedings.
The third recommendation or advice has to do with your children. They are also involved in a divorce process and emotionally it can affect them. You must prepare them for this process. Try to convey to them that they are not to blame for the divorce and that both you and your former spouse will still be present in their lives.
These are some of the recommendations I give to clients who come to the office and want to start the process. Now, do you know what rights you have if you want to get divorced?
With respect to the economic aspect, in Catalonia the separation of property governs, what we say colloquially: “what is yours is yours and what is mine is mine”. The separation of property governs unless another economic regime has been agreed in the marriage. In this sense, all the goods that you have acquired individually before and during the marriage, in principle, are your exclusive property.
Continuing with the economic aspects, in the case of minor children, it can be agreed that one of the parents pays the other a maintenance allowance to cover everything related to the education and care of the children.
In relation to the custody of these, there are two types: The first one, joint custody. In this case, both parents share the responsibility of taking care of the children equally. There are custody by the week, every 15 days, etc. The second one is sole custody. This last typology, one parent has custody of the child and the other has a visitation regime. The decision to divorce can be difficult but before you start it is essential that you take note of these recommendations and know your rights.
Anna Nicolàs Torán
Lawyer Expert in Family and Immigration Law
M&CAbogados
