More and more people are separating and divorcing in our country, and when this happens, if there is no agreement, a long and costly bureaucratic process begins.
One of the issues that generates more conflict is precisely the economic one. We must not lose sight of the fact that even the process of getting divorced or separated is even more costly than the wedding itself. As a sample, bear in mind that, on average, the defense of a family lawyer can cost between 1,000 and 15,000 euros depending on the complexity of the case and the assets at stake.
Logically, if the divorce or separation is by mutual agreement, the cost will be lower than in the case of a contentious divorce or separation. In this article we talk about the different types of divorce that exist.
The existence or not of common children of the couple can also complicate things: the debates and conflicts around the custody of the children are very common and, in addition, they can become entrenched and generate a high litigiousness.
In particular, it is very common that, in cases where it is the judge who decides about custody (because the parties have not wanted or have not been able to reach an amicable agreement), neither of the two agree with the decision taken.
This can result in a multitude of cross-claims, which can drag on indefinitely, with the economic and emotional cost that this entails, also for the children.
That is why family mediation is so important in these cases.
The economic cost of divorce: a social analysis
Analyses indicate that, for very many families, going through a divorce or separation can become a real path to impoverishment.
We are not only talking about families that can be included in the concept of poverty: the middle class itself, the most abundant, is immersed in this reality.
The costs derived from the divorce, facing the fact of an economy in solitude, the possible existence of alimony or compensatory pensions, granting the right of use of the habitual residence to one of the parts… become elements that will determine the economy of each one of the parts in the future, normally limiting their financial freedom. The result that we can end up in a more precarious situation than when we lived as a couple.
In fact, sometimes the economic factor is what leads many people not to break their sentimental ties and to remain in couples that do not really work as such.
We talked about the economic cost of divorce and separation, and how we can reduce or eliminate it, for the program OpinaCat (https://www.8tv.cat/capitol/473), of 8TV.
The lawyer in charge of Crespo Law, Elena Crespo Lorenzo, intervenes in this program to analyze this structural problem that affects our society.
How to avoid or reduce the significant financial cost of a divorce or separation?
As Elena Crespo explains, the best way to make a separation or divorce process much cheaper and simpler is to design marital chapters and/or covenants in anticipation of a breakup.
This type of document allows the couple to negotiate at any time the conditions of a hypothetical breakup, defining all kinds of aspects, including economic aspects or those related to the custody of the children.
This practice is very common in countries such as the United States, and we can see examples in celebrities with large estates, as is the recent case of Mark Anthony.
As for the specific case of Catalonia, where the regime that is applied by system is that of separation of assets, one might think that a separation of the couple’s economies reduces the possibility of conflict in case of divorce or separation.
The reality is that this is not so, in many cases, due to the fact that one part of the couple, normally the woman, reduces her working day or gives up her professional career in whole or in part to dedicate herself to the care of the home and the children.
When this happens, it is very frequent that the party who has left aside her working life claims a compensatory pension, which consists precisely in a compensation for the dedication to the home or business of the couple during the marriage.
Precisely one of the most common cases of conflict has to do with the use of the habitual residence, although as Elena states, “all are conflicts”.
This is so because the economy of each part of the couple, as well as the family structure, “jump by the air”, and the couples are “in the limit”.
In these cases, there is a maxim that always applies: as Elena explains, “if you want to communicate from the conflict, you never finish”.
For that reason, the best thing to do is to start from empathy, from the points in common, and always put the focus on the future, on the reconstruction of the separate life of each part of the couple and, of course, on the well-being of the children.
Women, less protected than men when it comes to divorce
Another important aspect consists of evaluating to what extent the economic differences between men and women can determine the result of the separation or divorce. It is logical to think that, if the man has a better economy than his wife, his defense will also be of higher quality, in fact, it is possible that the woman does not have sufficient resources to defend herself against her ex-partner.
For this reason it is so important not to leave aside the professional projection within the marriage, reaching a balance of forces that allows both parts to count on sufficient means to develop by themselves.
And if the spouses decide that the wife will remain in charge of the children and the family during the marriage, then the economic issues should be negotiated before the marriage and the consequences should be regulated in case of a breakup.
This, in addition to protecting us in case of divorce or separation, can avoid many of the conflicts that lead to a breakup situation.
Experience shows that when both parties are satisfied with the overall development of their lives, friction is reduced.
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