Carlos Baos – Unratified divorce

Un-ratified Divorce Regulatory Agreement: Is it legally binding?

Our law firm consistently advocates for friendly resolutions of matrimonial conflicts. They expedite the proceeding, reduce costs, and facilitate the divorce. The divorce settlement agreement (also known as regulatory agreement) plays an essential role. Especially in cases of divorce by mutual consent. This document will set out the rules that will govern the relations of the espouses after the divorce. In this week’s article, we examine the validity of this type of agreements when the espouses refuse to ratify them in court. Do they have any legal effect? Can they be enforceable? Let’s look at it.

Essential Components & Post-Agreement Procedure

The regulatory agreement varies based on the individual and specific circumstances of the marriage. But typically, this document will include provisions for custody, maintenance, visitation rights, property division, family home allocation, and alimony. (among others.)

Let us assume that the parties reach an agreement and sign the agreement. The next step is to file for divorce in court. The court will then call the spouses to ratify the agreement. If one of the espouses refuses to ratify it, the mutual agreement procedure will be closed and filed. Is it still possible to enforce what has been signed?. According to the Spanish Supreme Court, if certain requirements are met, YES.

Jurisprudence in Spain of the High Court

For a signed divorce agreement to have effect between the espouses (even if one of them has not ratify in court) it is necessary that the agreement in question:

  1. Deals with economic matters.
  2. Is not contrary to law or public order.
  3. There have been no substantial changes in the circumstances at the time it was signed.
  4. And above all, that there is no defect in the consent of the person who signed it and then refused to ratify it.

Final Thoughts

Unratified agreements shall provoke the closure of the mutual agreement file. But the other party can enforce financial and property agreements through litigation. This highlights the legal weight of the divorce settlement agreement. At White-Baos we are experts in both amicable and contentious divorces. Do not hesitate to contact us. We will study your case and provide expert legal counsel.

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Carlos Baos (Lawyer)

White & Baos.

Tel: +34 966 426 185

E-mail: info@white-baos.com

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Written by

Carlos Baos (Lawyer)

Lawyer Carlos Baos has been advising on variety of expat-related legal issues for years and weekly column offers free weekly insights.

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