In modern legal terms, it was settled for the first time in the French Civil Code of 1804, following certain those postulates that saw marriage as a real free union (to collapse enough free agreement of the spouses), and Divorce as a necessity natural in this sense. Born as a degeneration of Christian marriage link, following the logic of secularization of it, certainly taking roots from Roman law.
In our country, it is regulated by Law 15/2005, of July 8, which amended the previous regulation Divorce and its main features the elimination of deadlines and suppression of eliminating legal separation figure as a prerequisite to the application.
It differs from marital separation, depending on the legal system of each country, it may or may not have some legal effects. Regarding the legal separation it is legally recognized in various legal systems, as in Spain, thus having a greater number of legal effect the separation of fact, although unlike the divorce, it does not terminate the marriage; It is a disruption of the marriage contract.
The recent reform of the legal figure of divorce, modifies the conditions for proceeding the breakdown of the marriage, sufficing quite simply to get it, one spouse but want to continue married, express their will without the other spouse can oppose. Disappearing therefore the existence of the reasons justifying the decision to apply, such as infidelity, unjustified desertion, alcoholism, or other, which had demanded before the entry into force of the law that regulates.
Among other things entails the extinction of the economic community of property, revocation of powers that might exist and the cessation of life in common.
Another new feature introduced in the current procedure is the removal of the temporary nature of marital separation as a first step for the initiation of it, so couples can obtain a divorce directly, once the three-month period has elapsed since their marriage.
As marital separation, they can be:
a) "mutual agreement" which is when both partners accept the decision to divorce, for which a regulatory agreement reflected in the terms of the agreement, which will be presented and approved by the competent judge.
b) Y "contentious", where the lack of agreement obligates itself to be the judge who decides on these same points.
If you. Is considering a divorce, that decision can directly lead to the cessation of life together, the representation (if any), the use and enjoyment of the marital home to one spouse, maintaining custody of minor children, as well as custody and finally the establishment of maintenance allowance for children born in marriage and the compensation for one spouse pension if appropriate.
Some of these measures can be agreed before a notary and come into legal effect pursuing its adoption. Remember, if they maintain interest in undertaking a divorce, we invite you to go to our law firm. It will be seen by a specialist in the field, who will solve all your doubts and ensure their interests, offering strictly confidential and personalized treatment. Do not hesitate and contact us.
You can contact any our lawyer as they are experts in this field.