Making the decision to divorce is a very important and complex step, as it has emotional and legal repercussions. Many clients fear it will be a process fraught with difficulties, but it does not have to be. Below, we offer some recommendations if you are considering divorce:
The first recommendation or piece of advice we offer before initiating divorce proceedings is to consider Family Mediation. While it is true that with the new Organic Law 1/2025, which will come into force on April 3, 2025, family mediation will be mandatory for many processes, this tool is very useful for attempting to resolve disputes peacefully. It can address everything related to child custody, alimony, asset division, etc.
The second recommendation we offer is to try to reach an amicable agreement with your ex-spouse to make the process quicker and less costly. This would help avoid lengthy and contentious legal proceedings.
The third recommendation or piece of advice concerns your children. They are also involved in a divorce process, and it can affect them emotionally. 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 ex-spouse will continue to be present in their lives.
These are some of the recommendations we provide to clients who come to our office seeking to initiate the process. Now, do you know what rights you have if you wish to divorce?
Regarding financial aspects, Catalonia operates under a separation of assets regime, which we colloquially refer to as: “what’s yours is yours, and what’s mine is mine.” The separation of assets applies unless another economic regime was agreed upon in the marriage. In this sense, all assets you acquired individually before and during the marriage are, in principle, exclusively your property.
Continuing with financial aspects, in the case of minor children, it can be agreed that one parent pays the other alimony to cover everything related to the children’s education and care.
Regarding their custody, there are two types: The first is shared custody. In this case, both parents share the responsibility of caring for the children equally. There is custody by weeks, every 15 days, etc. The second is sole custody. In this latter type, one parent has custody of the child, and the other has a visitation schedule. The decision to divorce can be difficult, but before starting, it is essential that you take note of these recommendations and understand your rights.
Anna Nicolàs Torán
Expert Lawyer in Family and Immigration Law
M&C Abogados
