In accordance with articles 90 and 91 CC, the measures adopted by the judge or those agreed upon by both spouses may be modified either judicially or by a new regulatory agreement, as long as the circumstances with which they had previously been reached are substantially altered. said agreement.
When measures are adopted by mutual agreement or judicially, circumstances are taken into account that may vary subsequently, such as: domicile, age of the minors, personal relationships, work relationships, etc., for this we must have a lawyer specializing in civil law.
In the modification of measures As we have already said previously, there must be a circumstantial change such as:
-That after a period of time has passed, any type of circumstance that previously existed when the measures were adopted has changed.
-That said modification is substantial, that is, of such importance that if it had existed previously, other types of measures would have been taken, or in the case of an economic amount it would have been another amount than the one agreed upon.
-That such modification is not sporadic, that it occurs with permanent stability.
-That the change be unforeseen, or unforeseeable, which at the time of adopting the measures would not have had an influence.
-That the modification has not been sought or caused to obtain a modification of the provoked measures, replacing them with other more beneficial ones.
This process cannot be an excuse to review a previous procedure, nor can it become a new instance. Circumstances different from those that previously existed when the measures were adopted must be provided and justified in order to request a change in the mutual agreement or, failing that, the measures adopted by the judge. It is advisable that we contact a lawyer specializing in civil law as we have noted previously, so that he can advise us and guide us on this type of procedure.
