Art 769 lec

Article 256 lec

Update: This topic has been updated taking into account Law 8/2021, of June 2, reforming civil and procedural legislation to support persons with disabilities in the exercise of their legal capacity, which entered into force on September 3, 2021.

Article 85 of the Civil Code (CC) provides that marriage is dissolved, regardless of the form and time of its celebration, by the death or declaration of death of one of the spouses and by divorce.

The regulatory agreement for separation or divorce sets out the different situations for obtaining a divorce by mutual agreement following the amendments introduced by Law 15/2015, of July 2, on Voluntary Jurisdiction.

The Civil Code until the reform introduced by Law 15/2015, of July 2, amending the Civil Code and the Civil Procedure Law in matters of separation and divorce, regulated in its art. 86 CC the causes that must concur to urge the divorce, such as the effective cessation of marital cohabitation. However, the new regime established by the aforementioned Law 15/2015, of July 2, expanded the scope of freedom of the spouses to request the dissolution of the marital relationship, since the exercise of the right not to remain married ceased to depend on the demonstration of the concurrence of any cause.

Civil procedure law meaning

The right of all to an effective judicial protection, expressed in the first paragraph of Article 24 of the Constitution, coincides with the desire and the social need for a new civil Justice, characterized precisely by its effectiveness.

Effective civil justice means, as consubstantial to the concept of Justice, full procedural guarantees. But it must mean, at the same time, a more prompt judicial response, much closer in time to the demands for protection, and with greater capacity for real transformation of things. It means, therefore, a set of instruments aimed at achieving a shortening of the time necessary for a definitive determination of what is legal in specific cases, i.e., judgments less distant from the beginning of the process, more affordable and effective precautionary measures, less burdensome enforcement for those who need to promote it and with more chances of success in the actual satisfaction of rights and legitimate interests.

The effectiveness of the civil judicial protection must involve a rapprochement between Justice and the litigant, which does not consist in improving the image of Justice, to make it seem more accessible, but in structuring procedurally the jurisdictional work in such a way that each case has to be better followed and known by the court, both in its initial approach and for the eventual need to purge the existence of obstacles and lack of procedural presuppositions -nothing more ineffective than a trial with an acquittal of the instance-, as well as in the determination of what is truly controversial and in the practice and evaluation of the evidence, with orality, publicity and immediacy. Thus, the reality of the process will dissolve the image of a distant Justice, apparently located at the end of excessive and lengthy procedures, in which it is difficult to perceive the interest and effort of the Courts and Tribunals and of those who are part of them.

Lec legal news

i) said Court is hearing the proceeding for modification of measures (without prejudice to the application of art. 6 of the LJV, it would be appropriate to file this one and send the proceedings to that one).

and ii) the mother, who has custody and the children reside in Alcalá, thus complying with the requirement derived from the principle of prevalence of the best interests of the child, which requires the proximity of the child to the Judge hearing the proceeding in which he/she is a party].

And that the regime of the modification of provisional measures is regulated in 773 LEC. by remission of 775.3 LEC., applicable in case of controversy by request of a change of definitive measure as in this case.

Spanish civil procedure law

In this case the spouses have to subscribe a «Regulatory Agreement», which includes the agreements reached to regulate their family relations in the future. The Agreement must include at least the following aspects (art 90 CC):

The Court, having received the lawsuit, will summon the spouses to ratify separately, that is to say, to state that they request the divorce or separation and that they agree with the measures included in the Regulatory Agreement.    If at that moment one of the spouses does not appear, the procedure is archived, being able to urge it again or to request the separation or divorce without agreement.

If there are minor or incapacitated children, the Court will request a report from the Public Prosecutor’s Office on the terms of the agreement relating to the children and will hear the minors if they have sufficient judgment when it is deemed necessary ex officio or at the request of the Public Prosecutor, parties or members of the Judicial Technical Team or the minor himself.

After the ratification of the spouses the court will dictate sentence, resolving on the separation or divorce and the measures gathered in the agreement. If the separation or divorce is granted, but the proposed agreement is not approved, the parties are granted a period of 10 days to propose a new agreement or to change the points of the agreement that have not been approved by the court.