In Spain, according to data provided by IPF, a marriage breaks up every 5 minutes. In addition, according to the National Institute of Statistics, the divorce rate is around 60%, that is, of every 10 couples who get married, 6 are destined to end the marriage.
When this happens, the parties involved can think about how to protect their interests and assert their rights, since breaking the marriage bond often has consequences. When it comes to knowing the rights and responsibilities, couples can consult a lawyer. In this way, they will have an idea of what are the main interests to protect, as well as the rights that can be exercised to guarantee the maximum possible well-being after the breakup.
Taking care of economic interests, especially when there are assets in joint possession, is one of the concerns that couples usually have. In this regard, the Civil Code establishes that all assets acquired during the marriage are considered common assets. Therefore, it is assumed that each spouse has a 50% interest in the assets acquired during the marriage, although there are exceptions to this rule.
Furthermore, while the law indicates that common property must be divided equitably, it does not specify how to do it. For this reason, it is always necessary for the spouses to reach a mutual agreement on the division of assets or, if they cannot do so, request the help of a mediator or a court.
In the case of couples with children, the Spanish legal system establishes as mandatory the intervention of the Public Prosecutor in the divorce process of couples with children, in order to guarantee respect for the rights and interests of minors. This is especially necessary when the couple is not willing to reach any agreement and a contentious divorce is mandatory.
The parties involved in a divorce process have a series of rights that must be respected and protected. Every person who is about to end their marriage has the opportunity to use these legal elements in favor of her interests. Being aware of these rights and knowing how to enforce them is the main job of the lawyers representing each spouse. Of course, along with rights, there are also certain obligations that the couple must fulfill for the sake of individual and common well-being.
In general terms, the divorced couple has the right to information and to actively participate in the entire process. This means that both must receive clear and accurate information about the development of the dispute, and that they must have the opportunity to defend themselves and present evidence, as well as be heard. Likewise, the parties have the right to request custody of their children and to participate in making decisions that significantly affect their lives. Another basic right that it is necessary to defend has to do with requesting the equitable and fair division of the assets acquired during the marriage.
On some occasions it may be considered that one of the parties is in a more vulnerable situation after the divorce, and that, therefore, is entitled to compensation. For example: a member of the couple has dedicated himself to caring for the home and children. In these cases, the Judge will almost certainly decide to entitle you to alimony or spousal support, especially if the husband or wife has a higher income. Likewise, the vulnerable party has the right to claim a part of the pension or retirement of the other, calculated from the beginning of the marriage until the day of the divorce. In this case, the law establishes the same regardless of gender.
On the other hand, there are rights that protect women if they have been left unprotected or vulnerable due to a situation of gender violence. For example, she can remain in the matrimonial home or receive compensation for her abandonment if the Judge considers it fair and equitable. She will also be able to receive legal protection and free legal assistance if she lacks sufficient financial resources.
In order to protect their interests and assert their rights in a divorce, those involved must have the advice of a lawyer specialized in the matter. Likewise, it is essential that both comply with their obligations, such as respecting the norms established by law and the divorce process, collaborating in the resolution of conflicts and complying with the agreed agreements. In this way, they can be sure that their interests and rights will be respected and protected.
