Aspects To Negotiate In A Divorce Case

Before starting any divorce proceedings, we must make it clear that we really want to end the marriage. Having decided that, what aspects should we consider in negotiating a divorce proceeding?

The decision to divorce

First of all, we must keep in mind that separating and getting divorced are not the same thing. While a separation implies a sentimental or emotional end, divorce is the definitive break in all areas (legal, economic, etc…).

A divorce is no turning back and involves the complete and final dissolution of the marriage. So  we must make it very clear that this is the next step,  that married life is no longer meaningful and that we will not regret it later. However, from a legal point of view, when should we start the proceedings?

Every marriage and every divorce is different

The first thing to keep in mind is that  every couple is a world and every marriage is different and therefore every divorce will also be different.

There are couples who don’t have property in common, couples who don’t have children, couples who divorce by mutual agreement, couples who start a contentious divorce… Therefore, depending on the particularities and conditions of each one, the path to follow will be different.

In any case, it is always necessary to consider and think, before starting the procedures, on certain matters of vital importance:

• the children in common

• the family house
• Goods acquired during marriage
• The form of the procedure (mutual or litigation agreement)
• The money available for the procedures (lawyers, notary office, etc.)

Also, it is always advisable to have a lawyer. Regardless of the good “climate” that may exist with the ex-partner, it  is always advisable to have a private lawyer who can objectively look after our interests  and guide us through the entire process.

Also, think that it’s not just about your interests, it’s also about your children, if any.

Aspects to Negotiate in a Divorce Process

Before starting the legal proceedings, it is important to clarify the most important aspects to be negotiated in a divorce proceeding:

the family house

When the couple divorces, they will have to think about what will happen to the home where they lived together. It will all depend on the form of ownership. So, if it’s a home with a mortgage on both your behalf, you’ll have to decide what to do with it.

There are several possibilities: that one of the ex-spouses keeps the house, paying the other the corresponding part, or that the property is sold and the earnings are distributed. Anyway, at least one of you will have to think about what your address will be. 

If, on the contrary, the couple lived on rent, the thing is easier, as there are no title deeds or other legal bonds with the property. Both can simply rent another house or determine that one remains in the rented house and the other person will move.

Anyway, this is an important aspect to consider.

Property Acquired During Marriage and Their Negotiation in the Divorce Process

If you were married under a separation of property regime, this issue is not complicated. Each one is the sole owner of what is in their name, and everything is clear and decided in advance.

However, if there are property acquired during the marriage, things get more complicated and it will be necessary to divide up the common property. To do this, you will have to think about what will happen to the existing commons, take an inventory, and think about how best to divide them evenly. 

Then sit down and think about how an agreement  can be made  so that both parties get the same benefits and debts in the dissolution of the commons.

the children in common

Children are the absolute priority, regardless of age. If they are minors, it is essential to reach an amicable agreement. The primary objective is to avoid conflicts and make them an excuse for arguments. Parents must protect them and do everything possible to minimize the effects of divorce on their children.

Therefore, you must agree in a civilized manner about who will exercise custody and what the visitation regime will be for the parent who does not live with them. In addition, you should clarify other important points, such as pension, extra expenses, etc.

Litigious or Mutually Agreed Divorce?

Without a doubt,  a mutually agreed-upon divorce will save money, time and, above all, stress and emotional strain. For this reason, it is best that, despite the differences in the various aspects of the separation (possessions, children, etc.), you sit down and try to reach an agreement before starting the process of a contentious divorce.

With the advice of your lawyers and a little calm and common sense, you can certainly come to terms and avoid even more stress and anxiety, not just for yourself, but for all family members.

However, there is always the possibility that one of the ex-spouses will refuse to reach an agreement, of course. In such cases, there will be no choice but to initiate litigation to obtain a divorce. Also, if it’s a case of abuse and married life is a danger, the sooner procedures are started, the better.

How much will the divorce cost?

A divorce costs money, and it’s not little. Therefore, from a financial point of view, it is always better to reach an agreement and avoid going back and forth to lawyers and courts by paying the corresponding costs.

First of all, you will have to do the math. That is, you must take into account that you will need money to pay the lawyers and other people involved, in addition to the procedural costs of going to court.

However, in case the marriage has minor children, it is absolutely necessary to go to the judge, even to divorce by mutual agreement. This is because the judicial authority must guarantee that the agreements made will not harm the interests of minors. They are always the priority.

 Conclusion on the aspects to be negotiated in the divorce process

As we have seen, before starting a divorce proceeding, you should think about certain aspects that are vitally important (children, property, etc.). Also, try to reach an agreement, preferably with the advice of an expert lawyer.

Therefore, the best time to start the divorce legal process is when, calm and without rancor, in a spirit of cooperation and respect, everything is very clear to the couple. Thus, it is possible to prevent divorce from becoming more painful than it already is.