Understanding the Divorce Decree: What You Need to Know

With the divorce decree the process ends and the marriage bond is declared dissolved, but not all divorces end with a decree. There are resolutions other than the sentence that can also declare divorce, depending on the procedure in question.

The effects derived from each type of resolution are also partly different, although they essentially pursue the same objective: ending the marriage.

Next we are going to see when we are faced with a divorce decree, what form it has and what its legal force is compared to other divorce resolutions .

What is a divorce decree?

A divorce decree is a court order that ends the divorce process and dissolves the marriage .

As a judicial resolution, a sentence can only be issued by a judge or court . Therefore, a divorce ruling will only be issued in divorce proceedings that are substantiated before a judge: that is, judicial divorce by mutual agreement when there are minor children and contentious judicial divorce , when there is no agreement between the spouses.

The divorce process by mutual agreement when there are no minor or adult children for whom support measures attributed to their parents have been judicially established is carried out , either through judicial means before the lawyer of the Administration of Justice , or by notarial means , before the notary .

In neither of the two cases mentioned is the procedure put to an end by means of a ruling, since the lawyer from the Administration of Justice will issue a decree declaring the divorce, and the notary will formalize in a public deed the regulatory agreement presented by the spouses, thereby It will also mean declared divorce.

These three types of resolution have common effects , but also some different consequences, which is important to be clear about to know what options you have if you do not agree or if the terms of the resolution are not met, for example.

See also  What Percentage of Marriages End in Divorce?

Effects common to all divorce resolutions

Both the ruling and the decree or the public deed formalizing the regulatory agreement have the following effects :

  • They end the divorce process and dissolve the marriage , so the spouses are free to remarry. The effects of the dissolution of the marriage will occur from the finality of the sentence or decree or from the manifestation of the consent of both spouses granted in a public deed ( of the Civil Code ).
  • The final judgment, the final decree or the public deed that formalizes the regulatory agreement will produce the dissolution or extinction of the matrimonial property regime and will approve its liquidation if there is mutual agreement between the spouses in this regard .
  • From the approval of the regulatory agreement or the granting of the public deed, the agreements may be made effective through enforcement . In the case of the sentence, this will occur when the sentence is final, not before .

Specific effects of the divorce decree

In mutual agreement procedures before the lawyer of the Administration of Justice or before the notary, the spouses have broad decision-making power to include their agreements in the regulatory agreement, and the lawyer or the notary is limited to approving what they have decided. , as long as it is not seriously detrimental to any of the parties.

In the divorce decree, however, in the absence of an agreement between spouses, the judge has the power to impose definitive measures that must regulate the economic relations between them after the divorce, and also with respect to the children .

Furthermore , a sentence is a resolution against which there is an appeal if one does not agree , something that does not happen with the public deed or the decree, which put an end to the simplified mutual agreement process.

When all available resources have been exhausted, the sentence will be final and its compliance may be imposed by means of enforcement, as occurs with the decree or public deed from the moment of its approval.

See also  Getting Married After 50

Form and content of the divorce decree

The Civil Procedure Law establishes the content that a divorce decree, or a sentence in general, must have .

The sentence must indicate the court that dictates it , with the expression of the judge or magistrates that comprise it and their signature. The place and date and whether it is final or whether there is any appeal against it will also be included (with a deadline and body to which it can be appealed).

The statements must also have a specific way of distributing the content, which will be the following:

  • Heading : the names of the parties, lawyers and solicitors, all information about the judge or court and the procedure number. It will also indicate whether it is a mutual agreement or contentious procedure.
  • Factual background : the spouses’ claims and the facts on which they are based will be explained. Also the tests proposed and carried out, if applicable.
  • Legal basis : the spouses’ requests and the response of the judge or court based on law, taking into account the results of the tests carried out, if any.
  • Ruling : the result of the ruling, where the divorce is approved and the definitive measures that must regulate its effects are included. If it is by mutual agreement, the regulatory agreement is simply mentioned, approving it completely if there are no harmful terms for any of the spouses or for the children, if any.

At the end of the sentence is where it is indicated whether it is final or not , and where the order for registration in the Civil Registry is given.

When is the divorce decree final and what consequences does it have?

That a sentence is final means that there is no appeal against it , either because the law does not provide that this sentence can be appealed, or because the deadlines for doing so have already passed or all possibilities have been exhausted (of the Law of Civil Prosecution)

See also  Understanding Community Property: Rights, Responsibilities, and Dissolution in Marriage

The effects of the dissolution of the marriage occur from the moment the sentence is final , or, where appropriate, from the finality of the decree or from the manifestation of the consent of both spouses granted in a public deed .

Once final, the judgment will take effect between the spouses from the moment it becomes final; but in order to have effects against third parties, it will be necessary to register it in the civil registry .

Furthermore, it must be taken into account that the ruling imposes a series of obligations on the spouses in relation to their assets, their contribution to common responsibilities, child custody , etc., which must be fulfilled by them. If this is not done, the terms of the sentence can be enforced by executive means .

To be able to resort to the executive route, the requirement is that the sentence is final , which will occur from the moment it was issued, if no appeal is admitted, or when the period granted to appeal passes without it having been done, if This possibility is foreseen in the ruling.

Sentences by mutual agreement do not allow appeal , because it is understood that the spouses agree and are not going to appeal what they themselves have voluntarily decided. In contentious proceedings, it is possible that the spouses are not satisfied with what was decided in the sentence, and decide to appeal , which they must do within the deadlines and before the body indicated in the sentence itself.

As the contentious divorce is carried out according to the procedures of the oral trial, the sentence will be appealable before the same court that issued it, and within a period of 20 days from when it was notified (Civil Procedure Law ). .

In the case of the decree issued by the lawyer of the Administration of Justice or the public deed granted before a notary in the divorce procedure by mutual agreement without children, the finality is immediate and there is no appeal , so the agreements included in the regulatory agreement may be required by means of enforcement from the moment of its approval .

Similar Posts

Leave a Reply

Your email address will not be published. Required fields are marked *