After many years of marriage, taking the step to divorce is not easy, especially for those women From 50 years who have dedicated their lives to the family and have been away from the labor market. The decision is accompanied by fear, not only to start a new life, but also for the economic uncertainty they have to do it. What am I going to live? Can I stay alone? What rights do I have?
To answer these questions and explain what legal and financial tools can help face this new stage without being left behind, from Newsstrobajo We have talked to Adriana Auseet, a lawyer specialized in family law with more than 25 years of experience and co -founder of Auset & Iglesias Abogados.
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Anticipate with premarital agreements and capitulations
AUSET emphasizes that, although in Spain they are barely used, premarital agreements are “the most useful tool to clarify the financial terms of a possible divorce.” He acknowledges that it is “very little romantic” to raise it before marrying, but remember that in countries like the United States it is common.
“In Spain they are not expressly regulated (except the Civil Code of Catalonia), although they are not prohibited by prevailing the principle of contractual freedom between husbands in relation to the constitutional right of freedom, as long as they are not harmful to children, contrary to the law and good customs, or severely harmful to the spouses.”
If you do not want to sign a premarital agreement, recommend subscribing marriage capitulations to protect the most vulnerable economically and choose the most convenient economic regime.
In the marriage regime, “in case of rupture the common heritage is divided into equal parts regardless of the ownership of movable and immovable property.
In separation of goods, it is essential that the person who provides less income is aware of all patrimonial decisions and “what he should never do is live outside the economic and patrimonial issues of the family.”
Economic rights after a long marriage
In a divorce, in addition to the distribution of goods according to the economic regime, a compensatory pension or economic compensation for home work can be requested. The latter recognizes the value of domestic work and care, even if the person has worked sporadically away from home or in his partner’s company.
“The Civil Code of Catalonia limits this compensation to those who have dedicated themselves exclusively to the home and children, but in the rest of Spain their recognition is broader,” explains Auset.
Rebuild economic independence should be priority after divorce
The expert insists that the first priority after a divorce must be to recover financial independence, something that “is not immediate” and demands planning. It recommends initiating or resuming training, seeking public and private programs for labor insertion and going to women’s associations that offer guidance.
“Falling is allowed, getting up is mandatory.” “Maintaining a positive attitude is key to reinventing itself,” he says.
Even before making the decision to separate, AUET advises to empower itself economically and emotionally, so it is key to “become aware of the family economy by accessing bank accounts, be aware of the existence and scope of family indebtedness.”
“It is important in this phase that the greatest possible documentation is collected. In any case, it is essential to recover support from both friendships and family, if in any phase of the road they have weakened. And above all they are very well advised legally.”
Although a priori seems difficult, in their experience, all women who have gone through it have managed to rebuild their lives. “All, absolutely all, go ahead and reinvent themselves,” he concludes.