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In the post, the REGULATORY AGREEMENT, article 90 of the Spanish Civil Code.
1. The regulatory agreement referred to in articles 81, 82, 83, 86 and 87 shall Contain, at least and whenever applicable, the following points:
a) The care of the children subject to the parental authority of both, the exercise of this and, in
where appropriate, the regime of communication and stay of the children with the parent who does not live habitually with them.
b) If deemed necessary, the visitation and communication regime of the grandchildren with their
grandparents, always keeping in mind their interest.
c) The attribution of the use of the home and family furnishings.
d) The contribution to the marriage and maintenance charges, as well as their bases of update and guarantees where appropriate.
e) The liquidation, when appropriate, of the economic regime of the marriage.
f) The pension that according to article 97 corresponds to satisfy, where appropriate, one of spouses.
2. The agreements of the spouses adopted to regulate the consequences of the nullity, separation and divorce presented before the judicial body will be approved by the Judge except if they are harmful to the children or seriously harmful to one of the spouses.
If the parties propose a regime of visits and communication of the grandchildren with the
grandparents, the judge may approve it after hearing the grandparents in which they provide their consent. The denial of the agreements must be made by resolution motivated and in this case the spouses must submit, for the consideration of the Judge, new proposal for approval, if applicable.
When the spouses formalize the agreements before the Judicial Secretary or Notary Public and
they consider that, in their opinion, any of them could be harmful or seriously detrimental to one of the spouses or to the emancipated older or minor children affected, will notify the grantors and will terminate the file. In this case, the spouses may only go before the Judge for the approval of the proposed regulatory agreement.
From the approval of the regulatory agreement or the granting of the public deed, agreements may be made effective by means of pressure.
3. The measures that the Judge adopts in the absence of agreement or those agreed by the spouses judicially, they may be modified judicially or by new agreement approved by the Judge, when the new needs of the children or the change of circumstances of the spouses. The measures that have been agreed before the Judicial Secretary or in a public deed may be modified by a new agreement, subject to the same requirements set forth in this Code.
4. The Judge or the parties may establish the real or personal guarantees that he requires.
compliance with the agreement.
Copyright LAWYER NATHALIE GONZALEZ Y MEDIADORA, Creator of OBJETIVO CERO VÍCTIMAS.