Model regulatory divorce agreement with joint custody
On this page, we have provided a sample divorce agreement with shared custody. You can find a divorce agreement with sole custody and a generous visitation schedule by following this link.
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DIVORCE REGULATORY AGREEMENT WITH GUARDIANSHIP AND CUSTODY AND BROAD VISITING REGIME
TOGETHER
Ms. (DATA OF ONE PARTY) and Mr. (DATA OF THE OTHER PARTY).
Both recognize each other's full legal capacity to grant this REGULATORY AGREEMENT FOR THE EFFECTS OF THEIR DIVORCE, in accordance with the provisions of Articles 86 and 90 of the CC, and 777 of the LEC, and to that end:
EXPOSE
FIRST.- That they were married in (CITY) on (DATE), registered in the Civil Registry of the same city, (CIVIL REGISTRY DATA).
SECOND.- That from said union have been born (MINOR CHILDREN), minors on the date of signing of this agreement: (DATA OF THE MINOR CHILDREN).
THIRD.- That both, freely and voluntarily, have decided to request the dissolution of their marriage in accordance with the provisions of the Civil Code and the Civil Procedure Law, so that:
AGREE
FIRST. – Both spouses agree to request the definitive dissolution of their marriage by divorce.
SECOND.- There is no marital domicile because since the de facto marital separation the interested parties have lived separately, the domicile of the minors being the one referred to for the mother and located in (DOMICILE OF THE MINORS).
THIRD.- The parties appearing affirm the circumstance of independence and economic autonomy of both, so the divorce will not imply, in this case, an economic imbalance that determines the need for the establishment of any compensatory pension between spouses.
FOURTH. Parental authority over the minor children of the marriage will be shared between both spouses and custody will be assigned to the mother, establishing a broad visitation regime in favor of the father as agreed by the parties.
In this sense, both parents will facilitate a fluid relationship between their counterpart and the minors, behaving in a flexible manner and always in accordance with the specific circumstances of each moment and the supreme interest of the children over their own. In case of disagreement, the following regime is established:
Weekends: The father will have custody of his children on alternate weekends, from Friday at 17:00 p.m. until Sunday at 20:00 p.m., picking them up and dropping them off at their mother's home. If they cannot agree on which weekend the father will have custody, the first weekend of the year will be the father's, and custody will alternate thereafter.
In the cases in which the weekends coincide completely with any of the Christmas, Easter or White Week holidays, said period will not compute for these purposes, reserving the alternation for the first weekend after the period. vacation.
Weekdays: The father will have the right to spend time with the children on Tuesday and Thursday afternoons, picking them up at 17:00 p.m. and dropping them off at the mother's home at 20:00 p.m. The father may waive this right by giving the mother at least 24 hours' notice.
Christmas Holidays: The children will spend half of the Christmas school holidays with their father and the other half with their mother. The first period will run from the last day of classes at 17:00 p.m. until December 31st at 20:00 p.m. The second period will run from December 31st at 20:00 p.m. until the day before classes resume at 12:00 p.m. Pick-ups and drop-offs will take place at the mother's home.
The parents will alternate the periods of stay with the minors, so that the father will enjoy the first of them in odd years and the second in even years, working in the opposite way for the mother.
Easter and Midterm Break Holidays. The parents will alternate having the entire Easter and Midterm Break holidays. Pick-ups will take place at 17:00 PM on the last day of classes, and drop-offs will occur at 12:00 PM the day before classes begin, both at the mother's home. The father will have the Easter break in odd-numbered years and the Midterm Break in even-numbered years, with the opposite arrangement for the mother.
Summer Holidays. The summer holiday period will be divided into fourteen-day or two-week periods, with each period alternating between the parents. The first period will begin on the first Sunday after the last day of classes at 7:00 p.m. and will last for fourteen days, ending on the following Sunday at the same time. The intermediate periods will begin and end on Sundays at 7:00 p.m. The final period, also beginning on a Sunday at 7:00 p.m., will end the day before classes resume at 12:00 p.m. All pick-ups and drop-offs will take place at the mother's home.
The parents will alternate these periods so that the first of the odd years corresponds to the father and the first of the even years to the mother.
FIFTH.- Child Support. A right to child support is established in favor of the minor, whereby the father shall be obligated to pay the amount of (CHILD SUPPORT) to contribute to the minor's needs. This support payment shall be reviewed annually based on increases or decreases in the Consumer Price Index (CPI) published by the National Institute of Statistics or any successor agency, using the index for the year (CURRENT YEAR) as the base .
Extraordinary expenses.- For all extraordinary expenses of the children, understood as those that are exceptional, unforeseeable, necessary and appropriate to the economic capacity of both parents, both will be paid 50% by each spouse, always with agreement on the convenience and necessity of the expense.
In this case, extraordinary medical expenses will be considered dental and oral treatments including orthodontics, prosthetics, speech therapist, psychologist, physiotherapy or rehabilitation with medical prescription, optics, non-basic pharmacy expenses and with medical prescription and, in general, any other health expenditure not covered by the public Social Security health system that is necessary in a relevant way for the health of minors.
SIXTH.- Following the provisions of the CC and the LEC, both parties agree to proceed with the dissolution of the community property regime in the terms expressed below.
Accepting the content of this regulatory agreement and the six clauses it contains, the parties sign this agreement on all its pages in (CITY) on (DATE), agreeing to its ratification before the courts on the date and time that the courts determine.
(NAME AND SURNAME OF ONE PARTY)
(NAME AND SURNAME OF THE OTHER PARTY)