The division of property depends to a large extent, the economic system under which the marriage was enteredeconomic arrangements
As much as I have dropped the number of divorces in our country as a result of the current economic crisis, these are still being formalized. It attests to the registration of marriage breakdown, 137,510 in 2007, 5.8% less than in 2006, according to the latest figures from National Statistics Institute (INE). What this report does not indicate the number of conflicts arising between the couple because of the goods enjoyed during the marriage, ie, the set of rules governing economic relations of the spouses, and between them and third parties .
The regimens used in Spain are the separation of property and society of acquisitions, although there are others such as participation. The economic system is agreed between the spouses before or during marriage by the capitulations, involving a contract signed by the couple. At any time you can modify or enter into another different system. To formalize the surrender but must be notarized and, to be valid against third parties, recorded with the Registry.
In the property regime of spouses also retain separate propertyIf not granted the marriage applies, by default, the property regime. In some regions such as Catalonia, Basque Country, Navarra, Baleares, Aragon and Valencia may govern the implementation of other schemes such as the separation of property or other characteristic of each area.
The application of Law 15/2005 amending the Civil Code and Civil Procedure Law in the Separation and Divorce has streamlined the process of marriage dissolution and reduced generating costs and deadlines for filing. The law states they have to spend at least three months after the wedding to end the marriage, unless there are justifiable grounds for the split as abuse, in which case it is necessary that this period has elapsed. In the divorce petition is not required to explain the reasons for the break-as before-or justify a separation of one year, enough to file suit in court.
response to the will of the couple can establish two types of divorce: that which is done through the courts due to the disagreement of the parties, the dispute, and that is done by mutual agreement between the spouses. The documentation to be made, the time and expense generated each are different, not to mention the emotional stress involved in the dispute with whom, until recently, was part of everyday life. The
uncontested divorce is both economically and in the sentimental, the most desirable. Just present in court for divorce and the regulatory agreement. Not even bound, to be the two partners who come for the authorization of the other spouse is sufficient, and that later have to ratify them.
The regulatory agreement is a contract being agreed upon terms of the divorce and that includes the agreements reached by the marriage in terms of child custody, visitation, use of family housing or the division of property. Regardless of the economic system in which marriage and society held marital property, separate property, the division of property can be translated into the regulatory agreement.
Divorce by mutual agreement shortens timelines and decrease costs generated by the processAfter presenting this paper next to the lawsuit, the couple appeared before a judge who has previously studied the proposal. If you believe that does not adversely affect either party or for the children, and the couple states that still agrees with the regulatory agreement, the sentencing judge without having to go to trial and spend the couple to be divorced, so each of them enjoys the property as previously agreed. If, however, have changed their minds and do not ratify the agreement, the divorce would become legal. Keep in mind that both the divorce by mutual consent as in litigation you need a lawyer and a prosecutor, who can share in the first case and thus save costs.
http://www.consumer.es/web/es/economia_domestica/familia/2008/09/30/180361.php
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