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I’m getting divorced

Sometimes, divorce seems like the only possible solution. If in the 1980s, divorce was considered illegal in some European countries like Italy, Spain, or Malta, the divorce rate per thousand inhabitants has been around 2% on average in the European Union in recent years.

When a divorce procedure becomes unavoidable, it is important that you know the laws that govern it. To ensure that your divorce goes smoothly, here is some information and steps to follow that will be of great help.

I organize…

Divorce can only be considered under numerous conditions. The court, in fact, refuses to examine a request without justified and acceptable grounds. The various cases that a judge can consider are:

a serious fault committed by one of the spouses (adultery, violence…);
the breakdown of the marital bond;
mutual consent divorce agreed by both parties.

Whether you are the petitioner or the respondent, the procedure necessarily requires the engagement of a lawyer. They will determine your rights and the terms for child custody. Given the necessary cost of divorce, it is possible to take out a loan if necessary.

Property division

In the case of a consensual divorce, the division is made before the pronouncement of the divorce, following a notarial deed.

The couple’s bank accounts and real estate assets are divided in half by the judge, except in exceptional cases. The division must be settled within 12 months following the divorce. In case of complications, the judge can grant an additional 6 months.

For housing, the spouse who wishes to stay in the marital home must pay a compensatory amount to buy out the other’s share. If both parties do not wish to keep the home, the amount received from the sale is divided between them. Donations and gifts given during the marriage cannot be revoked at the time of separation.

Compensatory alimony is granted if the divorce causes a difference in the standard of living between the couple. It is determined according to the needs of the applicant, the duration of the marriage, the age, and the standard of living of each. The duration of alimony payments must not exceed that of the marriage.

Child custody

If the cause of the divorce is violence, the petitioner can easily obtain custody. Otherwise, the judge will consider the opinion of professionals such as psychologists or child psychiatrists. They will rule in favor of the children’s interests. In cases of fault or breakdown of the marital bond, adultery or abandonment of the family home gives an advantage to the other party.

Child support is an amount paid for the daily needs and education of minor children. It is the spouse who does not have exclusive custody who is required to pay it.

Costs to anticipate in case of divorce

The cost of divorce includes the various services of lawyers, notaries, psychologists…

It is also necessary to anticipate the cost of filing the case in court. This process can be free if the couple does not have sufficient income.

For a consensual divorce, the couple can engage a single lawyer to reduce expenses. For disputes, a lawyer’s fee depends on the client’s resources, the duration of the procedure, the importance of the assets in question, and the complexity of the case. It may vary depending on the region (provinces and cities).

Characteristics

Case of a divorce by mutual consent

The essential documents are the marriage certificate, the birth certificates of the spouses, and those of the children.

If the reason for the separation is justified, the divorce is pronounced at the first hearing. But if the judge refuses, the couple drafts a new agreement acceptable according to the terms of the order issued by the judge.

The divorce is official 15 days after the judge’s pronouncement. One of the spouses can appeal to the Court of Cassation within 15 days of the judge’s decision.

Case of a divorce for cause of irreparable breakdown

This type of divorce results from fault or abandonment of the family home by one of the spouses. The steps to follow are:

Draft the petition and submit it to the family affairs judge through the lawyer.
A summons for the couple, one by one, then together before confrontation with their respective lawyers is established.
The judge issues an order for provisional measures concerning the children, the housing of the other party, and alimony before the divorce is finalized.

After the judge’s decision based on the evidence, they pronounce the divorce and the couple proceeds with the division of assets within a year.

Practical tips

In a divorce for irreparable breakdown, providing evidence to justify the spouse’s fault can expedite the process.
To better assess the amount of child support, it is advisable to prepare a summary of monthly expenses and present it to the judge.
To avoid any inconvenience, it is prudent to revoke all powers of attorney that may have been given to the spouse, especially those related to bank accounts.
Using a notary’s help facilitates procedures, especially in a mutual consent divorce.
Before deciding to divorce, it is possible to try a de facto separation to reflect on whether dialogue is still possible and if the marital life still has a chance of survival.
Sometimes, some couples remain married but file for legal separation. In this case, the assets must be divided as the duty of cohabitation is no longer maintained.
Having a clear vision of your financial situation is crucial at the time of divorce. Therefore, it is important to list your assets and sources of income. If necessary, it is possible to call a bailiff to carry out the inventory of movable property under the best conditions. This also allows for consideration of moving and setting up a new home.
After the initial emotional shock, it is important to maintain exemplary conduct throughout the divorce process to prevent uncontrolled actions or words from turning against you. Leaving the marital home is also completely prohibited.

Checklist

Case of a marriage governed by the regime of separation of property:

You must justify the origin of all your resources.
Find all your invoices, assets without invoices will be shared between you.
Ensure that all your assets are in your name.

Case of a marriage under the community property regime:

If you decide to live in the common home, anticipate the mortgage debts and maintenance commissions.
If you decide to sell, only receive visits when both of you can be present.
Make a list of all your personal belongings.
For debts and taxes, find an agreement or share them between you.

Do you need a loan to finance your divorce or to start a new life? Choose personal loans to go through this phase in the best possible conditions.