Interim Measures for Family Proceedings
Problematic divorce proceedings can be lengthy and emotionally exhausting. With no final sentence or agreements made, both parties lack regulation. To avoid this scenario, there are interim measures for family proceedings.
Interim measures are a legal concept that helps those who are going through a divorce. These measures establish an order to follow, which is essential to those involved. These measures regulate the relations between the spouses until the divorce process ends with a final sentence.
In short, interim measures for family proceedings regulate four essential aspects:
- The relationship with the couple’s children
- Use of the family home
- Economic burdens during the marriage
- Division of family assets
Relations and protective measures for children in common
Interim measures mainly protect the couple’s children’s rights. Likewise, the main measure is to establish how children will communicate with their parents. This helps design a temporary cohabitation agreement that works for the children.
If parents are already living apart, there will be measures on siblings’ cohabitation. This is also the time to temporarily work on how parental authority will be shared. The main goal is to safekeep the parents’ relationship with their children, beyond the divorce.
Although other common practices exist, each case is unique and not all measures apply to all. The important thing is to safekeep the minors’ wellbeing. In some cases, parental authority goes to the grandparents.
Family duties and economic burdens beyond divorce
After a divorce, parents still have family duties with their children, and economic burdens too. This is what you’d call child support. In addition to this, in some cases, there’s also spouse support.
Interim measures for family proceedings allow the court to establish alimony and a temporary cohabitation regime. Certainly, other measures can be taken that include the spouses.
Division of family assets as an interim measure for family proceedings
A key aspect of divorce is the division of family assets. During this process, there are visitation rights. For example, the spouse with the parental authority stays in the family home with the children, and the other spouse can visit them during certain days and hours.
Courts can suggest the use of asset administrations to manage expenses and common assets. Interim measures also regulate important economic aspects. For example, other expenses of the litigation are shared by both spouses, only when one of them lacks the economic means to do so.
During a temporary measure, parents can agree on allowing children to leave the country with the other spouse. On the other hand, the children’s passports can be voided if there’s a flight or kidnapping risk. All of these measures create a complex and wide range of actions to be taken.
How can you ask for interim measures for family proceedings?
Either of the spouses can ask for these measures before the divorce proceedings start, or during these. This request should be in writing and you should always seek legal advice from an expert in family law. After this point, both parties will be cited and asked to reach an agreement.It might interest you...
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- Abogadofamilia.es. (2014). El juicio verbal en los procesos matrimoniales y de familia. Extraído de: http://www.abogadofamilia.es/articulos-prensa/juicio-verbal-en-procesos-matrimoniales-y-menores-economist&jurist-octubre-2014.pdf
- ANGELINA FERREYRA DE DE LA RUA. El proceso de familia, principios. Extraído de: https://www.aadproc.org.ar/pdfs/ponencias/Proceso_de_Familia_delaRua.pdf