A divorce is never an easy process, but when there is consent between the parties involved, it becomes easier. type of divorce It is called an amicable divorce.
An amicable divorce is a faster process that doesn't require going to court and has less collateral damage for the people involved. In this article, learn everything about amicable divorce, from what it is to how to start the process.
What is an amicable divorce?
An amicable divorce, also known as divorce by mutual consent, A divorce is a type of divorce where a couple is in agreement about the separation and other related issues, such as the division of assets., child custody or child support payments.
What are the advantages of an amicable divorce?
Participating in a process of divorce An amicable divorce offers several advantages compared to other types of divorce, such as contested divorce. Among these advantages, some noteworthy examples include:
- Faster process;
- It offers reduced costs;
- Less bureaucratic;
- Less emotional strain;
- Preserving a healthy relationship;
- Clear definition of divisions and responsibilities.
What is needed for an amicable divorce?
For an amicable divorce to be possible, it's important that both parties agree to the separation. However, it's also important that both members of the couple are in agreement about the... alimony, separation of assets, or even issues related to parental responsibilities.
How to start the amicable divorce process?
Initially, the process should begin in civil registry office or in online justice service. To initiate the amicable divorce process, some documents are still required, such as:
- Marriage certificate;
- Identification documents;
- If applicable, a written agreement regarding the division of assets;
- Written agreements, if any, regarding parental responsibilities, family residence, or child support.
Next, you must fill out the divorce form by mutual consent, which must be completed jointly with your spouse. After document verification at the civil registry, and if everything is in order, the divorce is finalized.
How long does an amicable divorce process take?
One Amicable divorce Normally it's faster than a divorce without mutual consent. Typically, this process can take between one and three months, depending on the speed of the registry office and the complexity of the agreements.
Amicable divorce with children: how does it work?
When a couple has children together and is going through a divorce, and it's an amicable divorce where both parties agree on parental responsibilities, there are steps to take:
- A written agreement must be drawn up and approved by the Public Prosecutor's Office;
- The document can be approved at a notary's office or in court.
If there is no agreement on issues concerning the children, the divorce must be handled through the courts.
What happens if we can't agree about having children?
If there is no agreement on issues related to the children, the divorce may not be considered amicable, and the case will have to proceed through the courts.
How much does an amicable divorce cost?
The cost of an amicable divorce is around 300 euros. However, if there is a division and registration of assets, the cost may increase depending on the complexity of the process. In addition to these costs, there are other factors to consider. attorney's fees.
What if there are assets to be divided in an amicable divorce?
In an amicable divorce, the division of assets must be done according to the marital property regime. That is, if there was one. property division regime, These must be divided.
If there is no agreement on the division of assets, the process must go to court.
What if one of the spouses changes their mind mid-process?
If the couple changes their minds and wants to reverse the process or reconsider it, they have the right to request the interruption of the amicable divorce.
In situations where one member of the couple no longer wants a divorce, the process becomes a contested divorce, and there are changes in how the process is handled.
Is it mandatory to have a lawyer for an amicable divorce?
Although legal representation is not mandatory in an amicable divorce, it is very important. A lawyer plays a crucial role in advising on the necessary steps and handling bureaucratic matters.
To learn more, contact Divorce Lawyers. With Divorce Lawyers, you can count on professionals specialized in the area of divorce, and thus duly qualified to advise and assist their clients in the fight for their rights.
Can we use the same lawyer for both cases?
Yes. In the case of an amicable divorce, where there is consensus between the parties, it is possible for the same lawyer to handle the process and represent both parties.
Conclusion
An amicable divorce is a type of divorce where there is agreement between the spouses regarding the separation and also on associated issues, such as the division of assets or... custody of children.
This type of divorce is faster and causes less emotional and relational damage to the parties involved. If consensus is no longer reached, the process goes to court, and the procedures change.
