From “I do” to the division of assets

One in two marriages ends in divorce and the average period in which the union “sustains itself over time” is 12 years.

Divorce involves facing a lonely process by nature. It is common to have mixed feelings towards the other person, distance yourself or attribute certain blame to them. This situation can worsen when the context does not accept divorce, since it causes more obstacles for the couple and the sudden loss of an important support network.

It is an increasingly frequent reality, and although the way to manage and resolve a separation depends largely on the people involved, A breakup does not always have to mean a conflictive process.it can be on good terms, and it should be, especially when there are children in common.

A peaceful separation occurs when both parties agree that divorce is the best option, and although it is usually rare, it generally occurs in couples who have received a adequate support and professional help.

In these processes, it is not only important to avoid unnecessary delays, Resolving differences sometimes takes time, and time always translates into money. In this sense, it is crucial, before making any decision, to also obtain financial advice to analyze the possible variables and reduce the stress linked to asset discussions.

It is very important for children that their parents are able to strive to be civilized and create a context that protects them from such delicate topics. Children are not expected to see the separation as a romantic success, but they are expected to be respectful, considerate and focus on maintaining a peace that can often become very fragile.but that helps and serves as a driving force for children, so that they can even develop and focus their own romantic relationships in a healthy way.

The new Civil and Commercial Code, deploys through the Regulatory Agreement a wide range of possibilities to reach consensus and establish the alternatives that best adapt to the new relationship and family dynamics.

This Convention establishes the autonomy of the will of the parties, regulates the effects derived from the dissolution of the relationship, allows a joint presentation to be made, which must contain issues related to the attribution of housing, the distribution of assets, and possible financial compensation between the spouses; to the exercise of parental responsibility, especially child support.

If the divorce is requested by only one of the spouses, the other can present a different proposal. If there is disagreement, or if the regulatory agreement manifestly harms the interests of the members of the family group, the issuance of the divorce decree is not suspended, because all pending issues must be reviewed and resolved by the judge.

Contact information:

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by CEDOC

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