Known as a “convenio regulador” in Spanish, is a document mutually agreed upon and signed by both parties. Its purpose is to establish how future relations will be regulated between two individuals who have decided to terminate their marital relationship.
If children are involved, the settlement agreement defines how both parents will relate to the children and explicitly regulates the financial obligations towards them.
This agreement is signed when the divorce has been requested by both parties or by one party with the consent of the other, ensuring that the conditions are tailored to the specific details of each case.
Is it mandatory to establish a settlement agreement? Yes, in cases of separation or divorce involving minor children, the settlement agreement is mandatory by law.
What happens if an agreement is not reached in the settlement agreement? If there is disagreement on any point of the agreement, the judge will make the final decision, always prioritizing the well-being of the children. However, the judicial solution is less satisfactory as it involves an external imposition.
Content of the agreement: The agreement addresses essential aspects such as child custody, parental authority, use of the marital home, alimony, distribution of common assets, and other non-essential but advisable aspects.
Approval of the agreement: Initially, the agreement of the spouses is required. Lawyers draft its content, and a Judge or Notary approves it. In certain circumstances, to prevent abuses, these authorities may deny its approval.
Compliance with the agreement: Once ratified in court with the approval of the Public Prosecutor’s Office, the separation or divorce sentence is issued, making the agreed terms legally binding. In case of non-compliance, the other spouse may resort to civil jurisdiction to enforce the agreement.
Can it be modified? Yes, it can be modified if the living conditions of one of the former spouses or the children change permanently. Justification is required, and modifications can be made by mutual agreement or by unilateral request, following a specific judicial procedure and limitations regarding the aspects that can be modified.
In the context of law, “controversy” refers to a disagreement or conflict between two or more parties regarding a specific legal or juridical matter. This term implies the existence of opposing viewpoints or disputes that require resolution by a judicial or arbitral authority. In this article, we’ll delve into what controversy means in law, when it arises, and how it’s addressed in the legal realm.