The fastest and cheapest express divorce

Divorce by mutual consent is one that allows to end the effects of a valid marriage, in a non-contentious manner. It is also known as express divorce. Express divorce is faster and cheaper:

Express divorce is regulated within Family Law, in the matter of Divorces.

Divorces can be resolved through a Contentious or by mutual agreement, the latter, the express divorce, is what we will deal with here. The express divorce in Barcelona  it is faster and cheaper if it is by mutual agreement. It is always better for the family, when it is necessary, a friendly separation. the fastest and cheapest express divorce

Its regulation is found in the Civil Code and the Law of Civil Procedure.

Characteristics of express divorce

It is possible to refine the regulatory agreement before a notary in a notarial divorce as long as it is by mutual agreement and there are no minor children. A regulatory agreement will be necessary.

It will have economic effects and effects related to affiliation, which begin to take effect from the court ruling or notarial deed. It is regulated in Article 87 of the Civil Code

What is the legal framework of express divorce

It is necessary to take into account for legal purposes:

• Civil Code, in its chapter VIII, for the issue of the dissolution of marriage.
• Law 15/2005 that modifies the Civil Code and the Law of Civil Procedure, separation and divorce. Suppressed the need to argue causes of separation. It incorporates divorce by mutual agreement before a notary, among other reforms.

The requirements for express divorce

• They must have been legally married.
• Three months of marriage. or more
• Have conditions to present a regulatory agreement.

When there are non-emancipated minor children or older children, for whom support measures have been legally established; All this is important to know if the divorce can be processed before a notary or not.

To get a divorce before a notary, there should be no minor children or children who are dependent on the parents, or pregnancy when the divorce is going to be requested.

Legal procedure

It is regulated in article 777 of the Law of Civil Procedure:

• A document will be presented to initiate the procedure, accompanied by the corresponding documentation, in addition to the certificate of registration of the marriage and registration of the children in the Civil Registry.
• Regulatory agreement proposal.

It is regulated in article 777.2 of the Law of Civil Procedure:

• You must ratify the divorce petition before the summons. Otherwise, it will be cause for immediate filing, the spouses may start the procedure again, through a verbal trial, according to article 770 of said law.

It is necessary to see article 777.3 of the Law of Civil Procedure:

• After ratification, the content of the agreement and the documentation provided are analyzed. A term of ten days is the time for the modifications or additions that are necessary. Plus a period of five days to carry out actions related to the children, request reports from the Public Prosecutor, hear the children if they have sufficient judgment or what is necessary.

Regulated in article 777 of the Law of Civil Procedure

• After ratification, the court issues a ruling granting or denying the divorce and rules on the regulatory agreement, being able to approve it in whole or in part. with a period of ten days to make the modifications or present a new agreement. The court has three days to decide.

As stated in article 777.6 and 7 of the Civil Procedure Law:

• The divorce decree will be final, from the moment of its dictation. In case of divorce before the Notary, the effects begin from the issuance of the notarial certificate, just.

The divorce procedure by mutual agreement or express, before the notary

It will only be possible without minor or dependent children of the parents and there is also no pregnancy at the time of filing for divorce.

The rest of the requirements are the same. The presence of a lawyer is necessary to sign the divorce deed on behalf of the future divorcees, a solicitor is not needed.

In the divorce before the Notary and the ratification of the divorce will and the agreement are carried out in the same act.

when there are children of legal age or emancipated who lack their own income and live in the family home. They must be present at the time of execution of the divorce deed to give their express consent.

The content of the regulatory agreement

In case of not appearing, the judge will determine the effects of the divorce on the children, common property and compensatory pension, among other extremes.

According to article 90.1 of the Civil Code.

It must contain at least:

• • Children. Attribution of parental authority. Custody, visitation, and communications with the noncustodial parent, grandparents, and close relatives. Alimony and distribution of expenses in general. Normally, in divorces by mutual consent, parental authority is shared.
  • The goods. Dissolution and liquidation of the community property or its management, attribution of housing, distribution of charges.
  • The compensatory pension. In the event that one of the parties may be financially harmed, a compensatory pension will be agreed.

The content of the regulatory agreement can be modified later, by mutual agreement.

The Regulatory Agreement must be registered in the Property Registry.

To finally say that there has been an increase in mutual consent divorces that are faster, cheaper and more peaceful. In addition, capitals such as Barcelona or Madrid are places where the number of breakups tends to increase more. Why? There are multiple factors, but mainly the most cosmopolitan type of life. A express divorce friendly is the best option for an ultimate marital crisis. The fastest and cheapest express divorce.