Divorce and family disputes,
resolved with an attorney who knows them

In a divorce by agreement the spouses agree on the divorce and on arrangements for any children and have that confirmed by the family court, after a reflection period of three months where there are children and one month where there are not. A divorce by court action is brought when there is no agreement, relying on one of the grounds in Article 840 of the Civil Act. Which route fits depends on how likely agreement is on property, children and compensation, so it is worth deciding at the first consultation.

The division covers property built up through the spouses’ joint effort during the marriage, and the share is set by weighing each spouse’s contribution, including income and work in the home. Property registered in one spouse’s name alone can still fall within the division, while property held before the marriage is in principle excluded. The actual proportion varies case by case, so it helps to have the full list of assets organised and reviewed in advance.

Custody is decided with the welfare of the child as the first consideration, taking into account the living arrangements, who has been the primary carer and, depending on age, the child’s own wishes. Child support is calculated from the parents’ incomes and the child’s age, with the court’s child support guidelines as the reference. If circumstances change later, either arrangement can be applied to be varied.

Consolation money is a claim for the mental suffering caused by the breakdown of the marriage, brought against the spouse responsible for it, or against a third party involved, in cases such as adultery, violence or malicious desertion. The amount is set by weighing the length of the marriage, how the breakdown came about and the degree of responsibility, and it is a separate claim from the division of property. Securing objective evidence in advance helps to establish it.

If there are issues about property, children or compensation, or if there are signs that the other spouse is already preparing to file, it is better to take advice early. Organising the list of assets and the evidence at the outset widens what can be done, whichever way the matter goes, by agreement or through the court.