Whenever a person makes the difficult decision to put an end to their relationship, he or she knows that it will inevitably lead to a complicated situation where one must not only factor in emotional issues, but also a series of practical ones that don’t always have an easy fix.
This is particularly so if the couple has children, since both parents need to agree on issues like child custody, visiting rights, who continues to live in the house that has been the family home so far, etc. If the parents or their lawyers fail to agree on these points, a judge will make the decision for them in contentious divorce proceedings.
However, several financial matters also arise out of a divorce that are of vital importance to all the parties involved: whether or not child maintenance will be paid, if one party has to pay spousal maintenance, who pays for the mortgage, etc.
Naturally, the children’s welfare must be the top priority when any relationship between adults is breaking up; but it is just as important to keep in mind that this welfare cannot be provided for if one of the parents is left in a financially vulnerable position after the divorce.
Given the special care and attention that must be paid to protecting minors, in Spain, parents who are separating follow the same process as those that are going through a divorce, and is known as ancillary relief for unwed couples.