The first thing you’ll need to decide if you want to end the relationship is knowing whether you want to separate or divorce.
On average in Spain there are 100,000 divorces per year, although this rate decreased by 2.8 in 2018. But the truth is this. It’s a common thing that can happen to any couple.. For whatever reason love ends Fights overwhelm relationships. And both believe the situation is already unsustainable and must end. If this is the case for you, don’t worry, you are not alone as you are. Many people separate or divorce their partners. If you believe your decision is solid. The first thing you should decide is whether you want to separate or divorce..
Even if both paths collapse There are many similarities.There are some nuances that you should take into account when deciding on this matter. Which is why in this article we will present the similarities and differences between separation and divorce so that you can choose the most appropriate option for your case.
The first thing we will talk about is common points There are two ways to dissolve a marriage:
termination of living together
The main points that are common between separation and divorce are: Both indicate the end of the couple’s union. Spouses. They cannot live under the same roof. and the revocation of authority and consent obtained between them shall also be effective.
Liquidation of the economic regime
Both separation and divorce The marriage economy has also been diluted. Assets must be liquidated and sold.It depends on the agreement that governs the marriage.
In the event that there is a marriage regime of MarriedThe division of properties would be more complicated at that time if that were the case. separation of assetsThe calculation is easier. Still, in both cases, it is recommended to see a specialized lawyer because you must take into account that you have personal property and marital property as well. Therefore, when making a list, you must consider which items are of the same type and Another one to continue selling.
Relationships with children
The third issue they have in common is the couple’s children. When there is separation or divorce The biggest victims are often children too. Justice always tries to protect them. Above the interests of the spouse This is especially true if the spouse is a minor.
If done by mutual agreement Spouses must determine the type of custody and guardianship. Visiting regime and alimony and any other aspects related to the care and attention of minors. If such agreement cannot be reached It will be the judge who will be responsible for finding a solution.
In this respect, it must be taken into account that the person in the spouse who takes care of the minor is Whoever receives care has the right to occupy the family home.without the other party having to leave If sharing care There are many more options to consider. But both divorce and separation are the same. All of this information must be reflected in the regulatory agreement that must be presented to the judge for approval.
Separation or divorce by mutual agreement or dispute.
What both styles of couples have in common is a guide to decision-making:
- mutual agreement: The ideal in these cases is Separation or divorce is possible by mutual agreement.. This is not only faster. But it’s also much cheaper, less difficult, and more traumatic for couples and children. If they have them Divorce, or divorce by mutual agreement, is about married couples. Have the necessary ability to sit and speak.along with a lawyer regarding the terms of the breakup
- controversial route: In the event that this agreement cannot be reached The proceedings proceed where the judge is responsible for determining all issues related to the separation or divorce of the couple. In what cases should a marriage be dissolved? Three months must pass from the celebration.Except in extreme cases where the life or physical or moral integrity of one spouse or child is at risk.
big difference
There are more similarities than differences between divorce and separation. However, the differences are decisive.
Parting opens the door for the couple to reconcile.However, divorce is the final break. This is because separation does not mean the end of the marriage as the two spouses will still be considered husband and wife, which means No one can remarry. either among themselves or with third parties.
in divorce This is not the case. The marriage was completely dissolved. And both parties are completely free to remarry or create a new life with whoever they want. In the case of divorce but the conflict has been resolved and you want to get back together again, you can do so but you must remarry.
According to the National Institute of Statistics in Spain There are many more divorces than separations. Specifically, there are approximately 100,000 divorces per year, compared to 5,000 separations.Many people think of separation as a precursor to divorce. But it doesn’t have to be like that. Although many lawyers recommend separation before deciding on divorce, But it’s not a necessary step if that’s what you really want in the end. is complete divorce
Now you know all the differences and similarities. All you have to do is Make the decision that best suits you in your case.But yes, with an expert lawyer always on your side. They will be the best able to advise you about your rights, obligations, and how to proceed with separation or divorce.