What you should know about divorce

This is what you should know about divorce from matters of separation of assets, pension, and even in which cases you can ask for compensation.

According to the INEGI, in recent years Mexicans tend to get married less and divorce more. In the last 5 years, the number of divorces increased by 48%. That is 28 of every 100 marriages end in divorce. 5 out of every 10 marriages request divorce voluntarily and 2 out of every 3 divorces in Mexico are initiated by women.

According to the results of the National Occupation and Employment Survey (ENOE), 58.1% of the population aged 15 and over is united, while 31.4% is single and 10.5% is separated, divorced, or widowed.

The average age to divorce at 37 years of age for women and 41 years for men. According to the Institute of Education of the University of London, the most difficult age to go through a divorce is between 7 and 14 years.

At the time of divorce, what is the difference between marriage under the property regime of conjugal partnership and separation of property?

Conjugal partnership

It means that all the goods that have been acquired during the marriage are of both, so at the time of the divorce, these goods must be divided between the two into equal parts.

Some assets are not part of the conjugal partnership, this will depend on the specific regulation of each State of the Republic, for example in the CDMX and the State of Mexico, the inheritances and donations are not part of the conjugal partnership.

Separation of Property

In this regime, everyone will own what they have acquired. When one of the two has dedicated to the care of the home and the children, this has the possibility of requesting compensation of up to 50% of the goods, this percentage will be fixed by the judge.

The distribution of assets during the divorce, in both patrimonial regimes, can be facilitated if before marriage both determine specifically, through marriage agreements (prenuptial contract), which goods belong to each.

If there are children, what about the alimony?

If you have children, there is an obligation of both parents to provide alimony, as long as they are underage or are studying at an educational level according to their age, without including postgraduate studies. The responsibility to pay this pension ends when the children acquire a profession or a trade or begin to work.

Can parental authority or custody be decided by the same parents if they reach an agreement?

Parental authority is not equal to custody.

Parental authority is the relationship that exists between children with parents and is not lost unless decided by a judge, in specific cases such as family violence.

The guardian custody implies with whom the minor has to live permanently, the other parent will be entitled to a visitors regime. At the time of separation, spouses can decide who has the guardian and custody and who is entitled to visits. If this agreement is not possible, a Judge of the Family will determine it.

Who decides who gives how much to whom?

The amount may be fixed by mutual agreement at the time of separation. If this agreement is not achieved, the judge will determine the amount of alimony according to the needs of the children and the economic capacity of the person who must pay.

Alimony, as a rule, and regardless of sex, must be paid by the spouse who does not have custody; this is in the understanding that that spouse who has the guardianship and custody, lives with the children so it also contributes a quantity of money for the sustenance of them.

Could it be that the woman gives a pension to the man?

Yes, at present any of the spouses who have dedicated themselves to the home or the care of the children as the main activity have the right to receive a pension regardless of gender.

Why should this pension be used?

The alimony includes housing, food, education, health expenses, recreation, clothing, and all that expenses to which the family was accustomed before the dissolution of the marriage.

If you do not have children, can you ask for a pension?

Yes, only in the case that one of the two does not work and has been mainly dedicated to the home. This obligation ends if the spouse receiving the pension gets a job or remarries.

Is it better to go through the express divorce or by mutual agreement?

The divorce can be processed in two ways, one is through the administrative procedure before a civil registry official, and the other is judicial, which is processed before a Family Judge.

The administrative route can only be carried out by mutual agreement when there is no conflict between the spouses, there are no children under age and there is no obligation to provide food.

By judicial means, the divorce is processed without expression of the cause, which is popularly known as express divorce. In this type of divorce, it is not necessary to express reasons to end the marriage bond.

The processing of both routes depends on the civil legislation of the State where the last conjugal domicile was located.

What happens when one wants to divorce and the other does not?

It is enough that one of the spouses no longer wishes to remain married to process the divorce without the will of the other affecting this decision.

If I have insurance / medical service, what happens when I get divorced?

If there is an obligation to pay alimony, the insurance is included, otherwise, everyone will have to pay for their medical services.

What is the demand for "loss of time"?

There is the false idea that you can demand a kind of compensation for the time spent in a relationship that does not end in marriage, however, this situation is not provided for in our law.

What is the use of having a prenup?

The Prenup in our right takes the name of marriage agreements, these are agreements that are formulated at the time of marriage, which specifies under what type of property regime will marry, which must pass with the goods with which they reach the marriage and those who acquire during the time it lasts.

The prenup serves to have clarity at the beginning and during the marriage. In the same way, you can protect the assets during the divorce.