A necessary requirement when writing a divorce petition is the regulatory agreement that will govern the effects that said divorce will have on the life of the couple or the family unit, after the dissolution of the marriage bond. This can be either unilateral or presented jointly, but its omission prevents the divorce process from being processed.
The Civil and Commercial Code of the Nation offers us, in its article 439, a non-exhaustive list of those issues that this proposal must contain.
The first point listed is the attribution of the family home that one of the spouses may request, whether it is a community property or one of their own, as well as if it is rented and the person obliged to pay is not the one requesting it. The non-benefited party may request a compensatory income for the use of said property, as well as that it not be sold without the express agreement of both parties, among other possible requests.
Although the attribution of the home is one of the most important points for the party that needs it, the distribution of marital assets will be necessary for the effective dissolution of the legal bond.
Likewise, the spouse for whom the divorce produces a manifest imbalance has the right to request financial compensation, in different variables, but always under the agreement of the parties or the final decision of the judge.
In the event that the couple has children, it will be vital to propose a plan for the development of the exercise of parental responsibility, whether with respect to the food that one of the parties must provide, as well as the communication regime that will be established between the parents. and his sons. At this point it is worth highlighting that the opinion of the children and adolescents involved must prevail, trying to respect their right to be heard on the issues that involve them.
However, we are not only talking about child support, but the spouses themselves may owe each other support.
At the same time, our Code allows the parties to propose other issues that are of interest to them.
This change in tendency towards the autonomy of the will of the parties in the planning and development of their emotional ties, as well as in their dissolution, is a notable characteristic within our current legal system, since before it was the State that regulated the relationships. of family. A clear reflection of this change is the possibility of requesting divorce jointly or by only one of the spouses, without a specific cause as required by the Vélez Code.
A no less important fact is that the parties must base their requirements at the time of formulating the proposal, since the judge may order, ex officio or at the request of the parties, that other elements be incorporated that are deemed pertinent.
These issues will be evaluated by the judge in a hearing designated for their purposes. Although it is an essential requirement, the lack of agreement between the parties on its content or the judge’s refusal to approve it in the event that it violates guiding principles in family matters, will not prevent the issuance of the divorce decree.
In this case, all those issues that remain pending must be processed before the judge and the corresponding procedure according to the matter in question. On the other hand, approved issues may be reviewed if their context has been substantially modified.
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by CEDOC
