Is a Divorce Agreement, signed by the Spouses but not ratified in Court, still enforceable?Divorce Agreement
When a couple decide to separate, or indeed to get divorced, via the “mutually agreed” process, an agreement is drawn-up that reflects the (agreed) wishes of the two spouses, and is known as the Convenio Regulador or “Divorce Agreement”. The agreement can contain details that will govern the economic relationship post-separation as well as matters relating to any common children. Article 777 of the Law of Civil Procedure states that it is obligatory to present a Divorce Agreement together with the Divorce Petition, when opting for the “mutually agreed” process. It is interesting to highlight that the required contents of the Divorce Agreement are specifically detailed in Article 90 of the Spanish Civil Code, however without going into too much depth, as a general rule, the Divorce Agreement should be ratified judicially with said official approval conferring procedural legitimacy as well as rendering the obligations contained in the agreement binding on the ex-spouses. At this point a question arises, what validity has a divorce agreement, entered into by the spouses, but which has not been judicially ratified?