Divorce. Domestic Partnership prior to marriage

A few weeks ago, Mrs. M.R. and Mr. J.P. came to our Law Firm. Both wanted to divorce through a Mutual Agreement procedure.

The couple had two minor children, 4 and 7 years old, who have an excellent relationship with both parents, therefore, and always safeguarding the interests of the children, their parents decided to establish a shared custody.

After meeting with a Lawyer specialised in Family Law and explaining their specific case, as well as the peculiarities they wanted to include in the Regulatory Agreement (shared custody of the common minor children, extraordinary expenses, to whom the family home was attributed, as well as the regulation of holidays and holidays of the children), the Regulatory Agreement was drafted and once signed in its entirety, both by Mrs. M.R. and Mr. J.P., the corresponding lawsuit for Divorce by Mutual Agreement was filed.

The next step to follow is the ratification in the Court, the clients were not very clear about what this procedure consisted of, so it was explained to them that it was a very simple and quick appearance, before the Judge or simply before the Court official processing the file, in which they would be shown the Regulatory Agreement provided together with our claim, that is to say, the one previously signed by the parties. They only had to review it and ratify that the Regulatory Agreement on file was the same as the one they intended to use to govern the situation after the divorce.

Once the judge and the Public Prosecutor, who intervene whenever minors are involved in the proceedings, as in this case, assess that the agreement does not violate the interests of the minors and is within the law, the judge will issue a judgment declaring the divorce of the spouses and approving the agreement previously drafted by mutual agreement.

In addition to this, in the present case there was a peculiarity, and that is that, before getting married, Mrs. M.R. and Mr. J.P. had registered as a common-law couple, and they wanted to know whether the divorce also put an end to the common-law partnership born before the marriage.

 Well, in fact, it was the marriage that put an end to the unmarried partnership, but one or both parties must inform the Registry of Unmarried Partnerships, providing the original and a copy of the family book, as well as a copy of the DNI of both parties and fill in a document requesting the termination of the unmarried partnership, in addition to a fee (currently 35.70 Euros).

In the present case, the lawyer of G.ELIAS Y MUÑOZ who handled the divorce proceedings accompanied Mrs. M.R. and Mr. J.P. to the Registry of Unions of De Facto and in a very simple procedure, they cancelled the Union.

In just 5 months, Mr. J.P and Mrs. M.R. solved their problem, with the advice of the lawyers of G.ELIAS Y MUÑOZ ABOGADOS, who are characterised by their close and professional treatment of their clients.