Divorce is the legal figure created to cease the existence of a marriage held between two persons. Its difference with the legal separation is that a divorce makes the marriage cease for ever. In this case, the marriage disappears with all its inherent effects, allowing any of the spouses to marry again, if that were their wish.

The recent legal reform of the divorce modifies the conditions to proceed to the break of marriage, being sufficient for this, that just one of the spouses decides not to be married anymore. Neither the spouse nor the Judge can oppose to this decision. The causes that justify this decision, such as infidelity, unjustified abandonment of domicile or others demanded before by the old Law, therefore disappear in the new Law.

Another point that has been reformed in the new proceeding of divorce is the elimination of the term of separation, as a previous step to divorce, so that couples can now divorce after the period of three months since they were married has elapsed.

As it happens with separation, a divorce can be mutually agreed if both spouses decide to divorce, for this purpose, a settlement decided by these will determine the conditions of their life after the marriage has ended. This settlement will be presented before the judge who will confirm this settlement according to the Law. And it can also be “contentious” if they do not agree over this points which will force the Judge to decide over them.

If you are thinking on divorcing, we inform you that the divorce proceedings will imply a stop in living together as a couple, the end of certain economical matrimonial regimes, revoking powers of representation (if any), the cease of use and enjoyment of what was the couple’s domicile (for one of the spouses), the “pater potestas” over the children, the custody and, finally, the establishment of separate maintenance alimony (in some cases) and always, the establishment of a pension in favour of the children born in that couple.

Remember, in case that you want to divorce, please contact us: we will assure you, you will be assessed by an expert in this field who will clear your doubts and defend your interests, offering you a personalized and confidential treatment. Please do not hesitate and contact us, your case will interest us.