Regulatory agreement without being married or unmarried partners

Some couples marry before having children. There are also those who prefer to register only as unmarried partners. However, it is an inescapable reality that there are more and more cases of people who decide to become parents without having "formalised" their relationship in either of these two ways.

But what happens if they decide to separate and have children together? In this case, as would be the case if they were married or in a common-law relationship, it is necessary to establish a regulatory agreement that provides the minors with a legal framework of protection.

Unmarried settlement agreement: what is it and when is it necessary?

The non-marital or non-partnership agreement is exactly the same as the agreement to determine the terms of divorce or separation. In fact, it involves the same formalities. It must determine such matters as, for example:

• Which spouse will have the use of the family home.
• What the child custody regime will be and how it will be carried out.
• The amount of maintenance payments and who will pay them.
• The visiting arrangements for the non-custodial parent.
• Possible compensatory pension.

The regulatory agreement without divorce is only necessary when the couple have children in common. Otherwise, the separation process does not require this legal procedure, even if the couple share real estate or any other type of property.

This brings us to the only difference between an unmarried settlement agreement and a divorce settlement agreement. We are talking, of course, about the liquidation of the community of property, which is not necessary in the first case, since there is no community of property.

Procedure for the settlement agreement for unmarried children

When we talk about a settlement agreement after a separation with children without being married or in a common-law relationship, we generally refer to the fact that there is an agreement between the parties. In other words, both parties have spoken and agreed on the conditions that will determine the break-up.

This agreement must be drawn up by a lawyer who is an expert in Family Law and subsequently signed by a judge, who will be responsible for checking that the document safeguards the interests and rights of the minors. It will come into force from that precise moment.

What happens if there is no agreement between the parties?

It is also possible that there is no agreement on custody of the unmarried children or on any other aspect of the separation. In this case, the spouse concerned must file an action for contentious separation with the competent court, which will initiate the judicial process.

Once the application has been filed, the court will send the application to the other party within 20 days. It will contain their proposals for the drafting of the settlement agreement. In the event of disagreement, a judicial process will begin in which the judge will decide what measures to adopt.

This process requires both parties to have their own lawyer and solicitor, which significantly increases the legal costs. In addition, it can take much longer, which will make it necessary to establish a series of precautionary measures. Minors also tend to suffer more, which is why we at our law firm always recommend opting for the path of understanding.

How long will the agreement remain in force?

Guardianship and custody of children without the parents being married has a limited duration, as is the case for previously married couples. The same applies to parental authority.

However, there are other measures included in the agreement whose validity is indefinite. Specifically, we are talking about those related to the economic sphere. For example, the payment of alimony and the contribution to the children's expenses will be obligatory until the children become financially independent or their termination is decreed by agreement or court ruling.

What can be done is to modify these clauses and approve a new agreement, which must also be approved by a judge. This is usually only done when the needs of the children so require.

At this point, it is clear that an unmarried agreement is only necessary in the case of couples who have children. Moreover, the procedure is practically identical, whether the parties agree or not. If you have any further questions, please do not hesitate to contact us. One of our lawyers will be happy to help and advise you.