WHAT 3 THINGS SHOULD I AGREE WITH MY SPOUSE IF I WANT TO PROCESS A MUTUALLY AGREED DIVORCE OR SEPARATION IN SPAIN?

13 Dec WHAT 3 THINGS SHOULD I AGREE WITH MY SPOUSE IF I WANT TO PROCESS A MUTUALLY AGREED DIVORCE OR SEPARATION IN SPAIN?

THE FIRST: CARE AND CUSTODIANSHIP OF THE CHILDREN AND PARENTAL AUTHORITY

This is the agreement of both parents on whom of the two will be given such care and custody of the children, from what day and because of what. A joint custody can also be agreed in cases where this way is decided and is feasible (in another chapter we will talk about that soon)

Without prejudice to the foregoing, parents should also establish that parental authority shall be exercised jointly by both spouses as is the usual rule or agree that only one of them will be the one who holds that parental authority, and in this case why.

They will also have to agree that they will take all decisions affecting them by mutual agreement and always ensure that they are in the interests of their children, deciding in cases of lack of agreement by the judicial authority.

With this new parental-subsidiary relationship regime, the parties will also have to make a commitment to communicate all decisions they take in the future with regard to their children, as well as anything that, in accordance with the priority interest of minors, both parents should each one know.

To do this, the parents should establish the communication channel that best suits their circumstances, forcing themselves to respect and comply with it and fit the imaginable formulas, let’s say as an example that communication will be done via email, burofax, …. (simple examples) and the other parent must reply within five days (e.g. also) and that if he does not answer, and it is proven that he has received the communication, it shall be deemed to give his consent.

Both parents must agree on the fact that they will participate in decisions that, with regard to the child, are to be made in the future, with particular relevance being those to be taken in relation to the child’s residence or those affecting the school environment, health care and those related to religious celebrations. On this basis, the intervention of both parents in decisions regarding the change of school or change of educational model is normally required. The joint decision is also required for any type of surgical intervention or non-banal medical treatment, whether it involves an expense or is covered by insurance, except in cases of extreme urgency. The intervention and decision of both parents in religious celebrations is also normally required, or for example obligatory with regard to the realization of a religious act and whenever possible in cases of playful celebrations, having no preference when taking these decisions neither the parent who has sole custody, nor the parent who has the child that day in his company.

The two parents must agree to be informed by third parties of all those aspects affecting their children and, in particular, have the right to both be provided of all the academic information and evaluation bulletins; and also that both have the right to obtain information through regular meetings with tutors or school counselling services, whether they come together, or if they do so separately.

They will also agree that they have the right to obtain medical information from their children and that each parent on request is provided with relevant reports on their health.

It is also appropriate to agree that the parent who is currently in the company of the child may make decisions on the child without prior consultation, in cases where there is an emergency situation or in those daily decisions, which are not relevant routine, that in the normal life may occur with a minor.

These and subsequent measures, which are to be taken by the parents, must be determined in the interests of the child and assessed the current situation, in particular the place where the child currently resides. Therefore, any change of domicile or residence of the child must be agreed by both spouses and, in the event of a conflict, by the judge or by the parent who the judge decides.

SECOND: VISITAL REGIME.

In principle, the visitation regime shall be determined by the agreement of both parents, making it as easy as possible to develop paternal-subsidiary relationships. As a mere example, the following regime, which is typical is outlined here, having to be interpreted with criteria of flexibility and good faith, since it is envisaged as a right of the child.

a) The minor shall be in the company of the parent, one weekend out of two.

b) As regards to holiday periods, these will be passed by the child with each parent, in the manner determined by both by mutual agreement. In case of discrepancies the following system shall govern:

1. The Christmas holidays shall be divided into two periods, one from 23 to 30 December, inclusive and one from 31 December to 7 January. The even years the child will spend the first period with the father and the second with the mother, and in the odd years to the contrary.

2. The Easter holidays will be spent every year with the father/mother.

3. Finally and as for the summer holidays, the child will be in the company of the father/mother the whole month of August.

THIRD: FOOD PENSION.

Parents will have to agree that the parent will pay as a food pension the amount of ………..euros per month for each minor child.

For the deposit of this amount will be agreed the method of payment, for example it must be entered in the first five days of each month, in the entity and in the bank account designated by the parent.

The amount paid for food will be updated annually according to the percentage variations experienced by the General Index on Consumer Prices, at the national level, as stated in the certificate issued by the National Statistical Institute or the body that can replace it in its functions.

And parents have to agree on the extraordinary expenses of the child as necessary, how they will be borne, for example, after the agreement of the parents in half, deciding the judicial authority in case of disagreement.