The regulatory agreement is a bilateral agreement between both parties in separation and/or divorce procedures, through which a consensual solution is reached on parent-child relationships (when there are minor children) and property relationships.
The aim of Regulatory agreement when minors exist is always to ensure that the best interests of the minor are safeguarded., and this is the mechanism that is used when there is an agreement between both parents on the visitation regime, alimony, allocation of the family home, etc.
The regulatory agreement is presented together with the defendant by mutual agreement before the competent court, and once presented, it will be monitored by judicial authority. That is, the Public Prosecutor's Office must review the agreement in order to ensure that the interests of the minors are fully safeguarded (for example, that the alimony is sufficient, who is assigned custody, the visitation regime established). for the non-custodial parent), so outside of this point, the court does not enter into assessing the patrimonial aspects of the same.
Once approved by the judge, he will issue a ruling that will include what is contained in the regulatory agreement, so it will be enforceable, and non-compliance can be claimed judicially. This is why it is important to correctly draft a regulatory agreement, where all the points it contains must be clearly and precisely defined, leaving no room for doubts or conjectures.
For their part, marriage agreements refer only to the economic aspect of the marriage, that is, they include the economic regime that governs or will govern the marriage. In general, a supplementary economic regime is usually attributed to the birth of a marriage because there is no express choice by the spouses regarding a specific regime. However, it may happen that during the duration of the marriage both parties decide to change the regime that had been governing their marriage and thus decide to establish a different one. To do this, it will be necessary to draw up a document known as a marriage contract that will be presented in all cases before a Notary.
Marriage agreements can be made before marriage, will establish the economic regime that it will have, and during its validity, assuming with them an alteration of the pre-existing regime. The capitulations must be made in a public document before a Notary and will be registered in the Civil Registry.
Given the essential nature of both documents, it is essential to have comprehensive advice on all the property and personal aspects of these documents, advice that we offer so that you can have peace of mind throughout the entire process.
