El regulatory agreement, refers to the document drawn up by the lawyer specializing in divorce issues and that through said document collects all the agreements reached by the spouses in the divorce process.
When the divorce is presented by a mutual agreement between both parties, the document that bears the name of the regulatory agreement must be signed, this treaty specifies how the assets will be distributed and in the event that there are children in common, establish how will be the family relationships that will develop in this regard once the divorce decree is executed.
In what type of divorce is the regulatory agreement signed?
El regulatory agreement It is only carried out when the divorce is considered by mutual agreement between the spouses in a friendly manner, and it is done through the corresponding document and with the acceptance of the agreements established in both parties. If, on the contrary, the divorce is not considered amicable or by mutual agreement, the regulatory agreement cannot be carried out and it must proceed through other methods stipulated by law.
This document of the regulatory agreement must be drawn up by a lawyer or lawyers who are in charge of processing the respective process. You can have a single lawyer for both parties or each participant in the divorce can have their own lawyer.
When is the regulatory agreement breached?
Failure to comply with the regulatory agreement occurs when once the divorce sentence has been approved by a judge, one of the parties does not comply with the stipulated content.
What can be done if there is a breach of the regulatory agreement by one of the spouses?
When it comes to non-compliance with the regulatory agreement, it is understood that since the divorce process has been sentenced through a courtroom, the spouse who does not comply will have to bear the consequences.
Among the measures that can be carried out are: 1) File an executive claim or, 2) Request a modification of measures.
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File an executive lawsuit
When there is non-compliance with the regulatory agreement for economic reasons, because one of the spouses does not provide the agreed pension for the support of the children, also called compensatory pension in favor of the other spouse, the court must proceed that initially issued the divorce decree and present a "Execution or executive demand".
In this lawsuit the reasons for the breach of the regulatory agreement will be exposed and it must be justified, it must also be supported by the signatures of both the lawyer and the representative, regardless of the value that is claimed, and before the procedure in the court they must be present both the lawyer and the attorney.
Generally, the judge applies a period of ten days for the spouse to confirm that he does not default on the lawsuit or to cancel the respective debts claimed.
In the event that a response is not received from the spouse to the claim, and depending on the amount demanded in the claim, the judge may proceed to seize assets, including: payroll, car, housing, among others.
Finally, if these instances have already been reached, not only will the amount owed be claimed, but thirty percent will be charged in addition to the amount due to interest and costs corresponding to the judicial procedure. In addition to this, the executive claim can be expanded due to non-compliance with the payments of the months owed without the need to present a claim for each situation of non-compliance.
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Request a request for modification of measures
This case occurs, when there is a breach of the regulatory agreement regarding the visitation regime or custody guard, it can be presented by some of the spouses for different reasons, either, strict work hours, relocation of residence, others., the procedure to follow is to file a "Demand for modification of measures", where it is stated which is the reason for the breach of the regulatory agreement and the necessary changes can be requested.
This demand is studied by the Judge and by the Public Prosecutor's Office, in the event that minor children are involved, once the reasons for the demand have been processed, the sentence of modification of measures will be issued considering or not what is requested. Parents' visiting hours or custody changes may be changed.
