Separation and divorce
Divorce by mutual agreement without common children and private housing
When there are no common children and both spouses have resources own, the agreement You can focus on housing, assets and pending commitments. In this case, a divorce by mutual agreement by notarial means, with regime of separation of assets.
What did the agreement include?
The document indicated that there were no common children, that each person had activity and income and that the home was exclusive to one of the spouses. It was expected that its owner would continue using it, while the other had already established separate residence.
It was also stated that there was no pension between them and that there were no reciprocal debts to claim. These statements must respond to the proven situation, not be used as closing formulas without reviewing payments, assets or commitments.
Separation of assets does not mean absence of pending accounts
The agreement started from capitulations and did not raise a division of community property. Even so, in other matters with separation of assets there may be shared properties, joint loans or amounts contributed to other people's assets that require study.
For this reason, it is advisable to review the capitulations, the deed of the home and the obligations assumed during cohabitation. Attributing the use of a property does not in itself eliminate obligations towards a bank nor does it demonstrate that all economic relations are settled.
What to check before signing
The possibility of going to the notary requires meeting the legal requirements of that route and having legal assistance. Family circumstances and documentation must be verified, in addition to using wording consistent with a notarial grant.
The text examined contained formulas typical of other procedures that require adaptation before being signed. Marriage certificates, agreements and a list of assets and debts are useful for consultation. The usefulness of a short agreement depends on your statements being reviewed and both people understanding the effects of what you agree to.
matrimonialistas Abogados can help you review the documentation and assess the options applicable to your situation.