Specialists in separations and divorces

Home Specialist Lawyer in Divorce

At Sasaki Lawyers we are one of the best options for managing your separation or divorce. Our experienced divorce and separation lawyers offer you a service that is tailored to your needs and we will find the most appropriate legal solution for your case. We have lawyers specialized in all areas of law, being your satisfaction our main objective. Our full dedication from the beginning of each process will make you feel safe and protected before each of the steps that have to be taken for the resolution of your conflicts during the separation, either trying to reach out-of-court agreements, or, intervening in the corresponding procedures.

In the area of Civil Law, we have the best. Experienced lawyers in separations and divorces who will be able to advise you, indicating the options that are best suited to your personal, family, social, economic, and professional circumstances.

To obtain the dissolution of the matrimonial bond (separation, divorce, or annulment), it is necessary that a lawyer advises and guides you in the possible agreement to be reached between the spouses, or, in its case, in the lawsuit and the steps to be taken in this respect.

From Sasaki Lawyers, we expose the doubts and most frequent questions that can arise before initiating a process of divorce.

Q

What are the differences between divorce and marriage annulment?

A

According to Article 85 of the Civil Code, marriage is dissolved "...by the death or declaration of death of the spouses and by divorce". Therefore, to dissolve the marriage bond, a divorce (by mutual agreement, or contentious) is necessary. Separation (which can also be by mutual agreement, or contentious) does not dissolve that bond, but only suspends it, so that it is not possible to enter into a civil marriage, i.e. the bond with the separated spouse could be reestablished without the need to remarry, simply by the will of the separated persons. Marital nullity, on the other hand, invalidates the marriage union, a sentence of nullity proves that there has been no marriage despite the appearance, since it has been contracted by coercion, has been by means of deception, violence, has been concluded without the consent of one of the parties, or has been contracted with minors.

Q

What types of divorces exist?

A

There are two types of divorce under national law: express or mutual agreement, and contentious. At Sasaki Abogados, we understand that the first way is to reach an agreement between the parties, since not only in this case are the parties themselves the ones who decide on the effects of the divorce, not leaving a third party, the judge, to resolve what is not theirs, but we avoid the substantiation of a lawsuit, and the holding of the trial. Furthermore, it is the simplest and most economical way to break the marriage bond. To do this, both spouses must agree on the terms that stipulate the obligations and rights over the children, if any, over the property, if any; being able to present with the same lawyer for both parties. In the event that the differences are irreconcilable and no agreement is reached, it is necessary to take the divorce through the contentious channel. At Sasaki Abogados, we are prepared, and have extensive experience, to advise and guide you in the event that it is not possible to reach an agreement between the spouses. The contentious divorce is significantly more expensive than the one by mutual agreement, since there are two parties with their corresponding Lawyer and Attorney each one of them. And this is without taking into account the emotional and personal wear and tear that it usually entails, as well as the time that passes until we have a Judgment that resolves the lawsuit filed.

Q

How to get a divorce by mutual agreement?

A

To request a divorce by mutual agreement (or express divorce), it is first necessary that at least 3 months have passed since the celebration of the marriage, whether religious or civil. - An agreement between the spouses which is made known to the Lawyer, or which the Lawyer, after hearing the parties and the interests to be satisfied, proposes. - To deliver a Regulatory Agreement or a Covenant of cohabitation, in which the agreement between spouses must appear with regard to: Use and enjoyment of the conjugal home, distribution of goods, custody of children, alimony... - To provide a literal certificate of the registration of the marriage in the Civil Registry, and the certificate of the registration of the birth of the children, if it exists. - To file the lawsuit, with a solicitor and a lawyer. Remember that as it is by mutual agreement, it can be the same professionals for both parties. - Ratify the lawsuit and the agreement in court, for which you must appear before the court on the day and time determined by the court. Finally, once a divorce sentence has been issued, the Court, on its own initiative, will indicate that the Civil Registry be informed so that the sentence can be noted in the margin of the marriage inscription.

Q

What documents do I have to prepare for the divorce?

A

You must specify with the lawyer everything necessary at the time of asking for the divorce, since they are diverse depending on if we are before an agreement or with conflict. But in general, the documents required are: - The last 6 payslips and 2 income tax returns from the immediately preceding years - A copy of the deeds to the properties in common - The last receipt of the IBI or contribution - The above-mentioned certifications

Q

How much does a divorce cost?

A

The procedure, when carrying out a divorce, is different in time and cost depending, first of all, on whether it is a mutual agreement divorce or a contentious one. In the case of a contentious procedure, there are court fees, from which the divorce by mutual agreement is exempt and which amount to a minimum of 170 euros. Although in a contentious divorce, when measures in relation to underage children are discussed, we are also dealing with a case that is exempt from fees. On the other hand, as it is a contentious divorce, it is necessary to take into account the impossibility of sharing a lawyer and a solicitor in the judicial process. In view of the above, Sasaki Abogados, and in view of our extensive experience as divorce lawyers in Sotogrande, we recommend (whenever possible) express or mutual agreement divorce. As for the fees, always depending on the complexity and the personal and individual characteristics of each case, they will be governed taking the reference of what is established by the Illustrious College of Lawyers of Cadiz.

Q

What are provisional measures in a separation or divorce?

A

Provisional measures regulate the situation of the parties during the course of separation, divorce or annulment. There are two forms: - Preliminary measures, of an urgent nature, which are requested before the filing of the application. - Provisional (simultaneous) measures, which are requested together with the filing of the application. Any of these measures will bring forward the adoption of some of the effects of the divorce that are interested in the application, or that we intend to be interested in. Some of the measures that are usually requested are - With regard to children: parental authority, exclusive or shared custody, alimony, visitation, ... - With regard to property: the use and enjoyment of property, both movable and immovable, as well as the marital home, taking into account the needs of the family member most in need of protection. - With regard to expenses: payment of contributions, mortgages, spills, etc. At Sasaki Lawyers we are experts and have specialists in gender violence. If you have filed for divorce due to issues related to abuse, domestic violence etc... we can also help you handle these types of criminal cases.

Q

Can I appeal or modify the divorce decree?

A

If you disagree with the Court's ruling on separation, divorce, or annulment, you may file an appeal. Such an appeal must be lodged with the Provincial Court. At Sasaki Abogados, we advise you on the viability of such an appeal. Likewise, if the circumstances set out in the sentence are substantially altered, you are entitled to request the modification of the previous sentence, justifying the points that have changed the circumstances taken into account in the first sentence, and which cause you harm.

Q

Do I need a lawyer and attorney for the divorce?

A

According to article 750.1 of the Code of Civil Procedure, in order to initiate divorce proceedings, it is absolutely necessary to have the assistance of a lawyer (which may be shared in the case of a divorce by mutual agreement) and of a procurator, who is responsible for receiving court notifications and providing them to the lawyer (who may also be just one if there is a case of mutual agreement).

Q

Is it necessary to justify the cause of a divorce?

A

Currently, no specific cause is required to file for a divorce. The mere desire to break the marriage bond is sufficient to initiate legal proceedings. Likewise, it is not necessary that both spouses agree to the divorce, one of the parties has a full right to petition without the consent of the other.

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