Separation or divorce, what to do?

On average there are 100,000 divorces a year in Spain, although in 2018 this figure decreased by 2.8, the truth is that this This is a common thing that can happen to any couple.. For one reason or another, love ends, the relationship becomes engulfed in quarrels, and both believe that the situation is no longer sustainable and needs to end. If this is your case, don’t worry, you are not alone, just like you, many people get divorced or divorced from their partners if you think your decision is firm, The first thing you need to decide is whether you would prefer to separate or get a divorce..

Although both methods of hacking very similarThere are some differences that you should take into account when making this decision, so in this article we are going to present the similarities and differences between separation and divorce so that you can decide the most suitable option according to your case.

The first thing we’ll talk about is General points of view which have both methods of divorce:

Termination of cohabitation

The main commonality between separation and divorce is that both involve the end of the couple’s cohabitation. Spouses They can’t live under the same roof and the revocation of powers and consents granted to each other will also apply.

Elimination of the economic regime

In both separation and divorce, the economic regime of marriage is eroded to such an extent that assets must be liquidated and distribution madedepending on the agreement governing the marriage.

In case the marriage regime was a regime marriedthen the division of property will be more complicated, and if Property division, the calculation is simpler. However, in both cases it is advisable to contact a specialized lawyer, since it must be taken into account that there are private assets and joint assets, so when carrying out an inventory it is necessary to take into account which of them belong to one type and which to the other. continue distribution. .

Relationships with children

The third point of contact is the couple’s children. When a separation or divorce occurs, the biggest victims are usually the children, so Justice always tries to protect them above the interests of the spouses, especially if they are minors.

If this is done by mutual consent, Spouses must establish the type of protection and guardianship, the regime of visits and the amount of alimony. and any other aspect related to the care and attention of the minor. If this agreement is not reached, responsibility for the decision will rest with the judge.

In this sense, it must be taken into account that the person in the couple who cares for the minor, i.e. whoever has guardianship will have the right to occupy the family home, and the other spouse had to leave. If custody is shared, there are many more options to consider, but the options are the same in both divorce and separation. All this information must be reflected in the regulatory agreement, which must be submitted to the judge for approval.

Separation or divorce by mutual consent or dispute

Both forms of couple breakup are united by how this decision is made:

Mutual agreement: The ideal in these cases is that separation or divorce is achieved by mutual agreement. It is not only faster, but also much cheaper, less difficult and traumatic for the couple and children, if they have them. Separation or divorce by mutual consent applies to spouses. have the necessary ability to sit and talkaccompanied by their lawyers on the terms of the separation.

Controversial route: In the event that this agreement is not reached, a judicial proceeding will be resorted to, in which the judge will be responsible for establishing all aspects related to the separation or divorce of the couple. In any case, demand a divorce Three months must pass since the celebrationwith the exception of extreme cases when the life, physical or moral integrity of one of the spouses or children is at risk.

A big difference

There are more similarities than differences between divorce and separation, but the differences are critical.

Separation leaves room for the couple to reconcile.However, divorce represents the final break. This is because separation does not mean the end of the marriage as both spouses will still be considered husband and wife, meaning that none of them will be able to marry again neither among themselves nor with third parties.

IN Divorce This is not the case in this case. divorce completed and both parties are completely free to remarry or start a new life with whomever they want. In the event that a divorce occurs, but then they resolve their differences and want to get back together, they can do so, but must get married again.

According to the National Institute of Statistics of Spain. There are many more divorces than divorces, specifically about 100,000 divorces per year compared to 5,000 divorces.. Many people think that separation is a previous step to divorce, but this is not necessarily the case. Although many lawyers recommend separation before deciding to divorce, this is not a necessary step if you truly want the couple to dissolve completely in the end.

Now that you know all the differences and similarities, all you need to do is make the decision that best suits you in your casebut yes, you will always have a specialist lawyer on your side who can best advise you on your rights, responsibilities and how to proceed with a separation or divorce.