Aspects To Negotiate In A Divorce Process
It is not just about getting a role that dissolves a marriage. On the contrary, a divorce involves many other aspects (community property, family home) that we should think and consider before starting the legal process.
Before starting any legal divorce process, it is important to be clear that we really want to end the marriage. Once this is decided, many questions are likely to arise about what aspects to consider to negotiate in the process.
Without a doubt, this is a complicated situation and can be accompanied by moments of great stress. However, if it is a decision made, it is necessary to know what to expect from a legal point of view. If you want to know more about this topic, be sure to read this article.
The decision to divorce
First of all, we must bear in mind that separating is not the same as divorcing. Indeed, while a separation involves a sentimental or emotional break, divorce is the final break in all areas (legal, financial, etc.).
Thus, a divorce has no turning back and involves the total and final dissolution of the marriage. Therefore, it is important to be aware of the step that we are going to take. Also, evaluate if it no longer makes sense to continue life as a couple and, above all, make sure that there will be no later regrets.
Every marriage and every divorce is different
The first thing to keep in mind is that each couple is different and each marriage is different. Therefore, so is every divorce proceeding. Indeed, there are couples who do not have common assets and others who do not have children.
Also, there are couples who divorce by mutual consent or some who initiate a contentious divorce. Therefore, depending on the particularities and conditions of each one, this will be the way to act and solve it.
In any case, you always have to review certain matters of vital importance and analyze the situation well before starting the procedures. The most important points are:
- Children in common
- The family home
- Community property
- The form of procedure (mutual agreement or contentious)
- The money available for the procedures (lawyers, notaries, etc.)
In addition to this, it is always advisable to have a lawyer. Indeed, regardless of the good “climate” that may exist with the former partner, it is advisable to have a private mediator who can objectively watch over one’s own interests and be a guide throughout the process.
Aspects to negotiate in a divorce process
Before starting the legal procedures, it is important to know what are the aspects to negotiate in a divorce process, since these will be affected by the dissolution of the marriage. What must be considered? Find out below.
The family home
Once a couple decides to divorce, they will have to think about what will happen to the marital home where they lived together. Likewise, everything will depend on the form of ownership of the property. Thus, if it is a house with a mortgage in the name of both, the two parties have to determine what they are going to do with it.
There are several possibilities: that one of the ex-spouses keeps the house, paying the other the corresponding part, or that the property is sold and the benefits are shared. In any case, at least one of the two will have to think about what their new address will be.
If, on the contrary, the couple lived for rent, the thing is simpler, since there are no property titles or other legal binding on the property. Both can simply rent another home or determine that one continues in the rented one and that the other moves.
On the other hand, everything changes if there are minor children. In this sense, the law stipulates that there must be a family home that will be where the children live. The parent who lives with them will make use of that family home, regardless of what happens to the property from the point of view of the liquidation of the assets.
Community property
Community property is the possessions acquired during the marriage. If you married under a separation of property regime, this matter is not complicated. Simply, each one is the sole owner of what is in their name, and everything is clear and decided in advance.
However, if there are community assets, things get complicated, and it is necessary to liquidate the partnership that was established with the marriage. To do this, it is necessary to think about what is going to happen to the belongings they have in common; Take an inventory and think of the best way to divide them evenly.
Thus, a home owned, without mortgages or charges, is not the same as another that has them. In this sense, leaving a house for each one would not be fair. Therefore, it is best to take some time and think about how an agreement could be established so that the two parties obtain the same benefits and debts from the liquidation of the community property.
Children in common
Children are the absolute priority, regardless of their age. In this way, if they are minors, it is essential to reach a friendly agreement. The primary goal is to avoid conflict and do everything possible to minimize the effects of the divorce for them.
Therefore, both must agree in a civilized way on who will exercise custody and what the visitation regime will be for the parent who does not live with them. In addition, it is essential to clarify other important points such as maintenance, extra expenses, etc.
Contentious or consensual divorce?
The term “contentious divorce” is used when there is no agreement between the spouses on one or more aspects of the dissolution. Without a doubt, a divorce by mutual consent will save money, time and, above all, stress and emotional exhaustion.
For this reason, it is better that, despite the differences on the various aspects of the breakup (property, children, etc.), the two parties try to reach an agreement before starting the proceedings of a contentious divorce. With the advice of the attorneys and a bit of calm and good sense, this is most likely to be accomplished.
However, there is always the case that one of the former spouses refuses to negotiate on good terms. If so, there will be no choice but to initiate contentious proceedings to obtain a divorce. Also, if it is a case of abuse, and married life is a danger, the sooner the procedures are started, the better.
The money the divorce will cost
A divorce can cost a lot of money. Therefore, even from an economic point of view, it is always better to reach an agreement and avoid going back and forth with lawyers and courts, paying the corresponding costs.
The first thing to do is do the math. In other words, be aware that you need money to pay the lawyers and others involved, in addition to the procedural costs involved in going to court. For this reason, perhaps, it is best to think about a notarized divorce.
This is a much faster procedure than the one initiated in court. In fact, it is enough to confirm before a notary, by means of a public deed, the agreements reached. However, we must indicate that a notarial divorce is not possible if there are minor children.
Indeed, in the event that the marriage had minor children, then it is absolutely necessary to go to court, even to divorce by mutual agreement. This is so because the Judicial Authority must ensure that the agreements reached do not harm the interests of minors. They are always the priority.
Before starting the divorce proceedings, you have to think about certain aspects that are of vital importance, such as children, property, among others. In addition, you must try to reach an agreement, preferably with the advice of a specialized lawyer.
Therefore, the best time to start the legal process is when we are clear about things and are able to talk calmly. In this way, we can prevent the process from becoming more painful than it already is.
