Children Of Men And Their Separation

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Children of men and their separation


Separation is the decision of a couple to end coexistence and marriage life. This implies that each of the spouses makes their lives absolutely independently. However, separation does not imply dissolution of the conjugal bond, so they cannot marry other people.


To dissolve the link, it is necessary to divorce. Whether the couple separates or divorces, if there are children, it is advisable to reach an agreement on their care and maintenance. If there is no agreement, in both cases you can go to justice so that this is the one who determines the conditions of guard and custody of the minors. Next, we will see some elements to know what are the types of separation of parents and their effects on children.

Types of separation of parents

To avoid confusion, it is necessary to clarify that separation and divorce are two legally different things. It is usually used interchangeably one or another term to refer to the fact that a couple has stopped living together. However, from the legal point of view, these are two very different figures in terms of its effects.

The separation does not end with the marriage bond, so a separate person will not be able to marry another person. Likewise, if the separate spouses are reconciled, they will not need to marry again, since the link will not be dissolved. Although separation is often a step prior to divorce, it is not always.

With regard to the measures determined for the care of the children, if they exist, the effects will be the same in both cases. Both in separation and divorce, a visitation regime, guard and custody and alimony must be defined. There are mainly two forms of separation: the separation of fact and judicial separation. The two have legal and patrimonial effects. The separation of fact is many times a previous step at the end of marriage life, which does not imply a judicial process.

Judicial or legal separation requires the presentation of a separation claim, as well as a subsequent judicial judgment. From that sentence, the marriage will be legally suspended so that each member of the couple will have the possibility to decide freely about their assets. Judicial separation can be by mutual agreement or contentious.

The custody of the children

The decision of the custody of the children follows the same procedures and considerations in case of separation of fact, legal separation or divorce. If there is an agreement between the parties, which is always the most advisable, the judge must ratify the decision of the parents. I might not do it in case you consider that there is any risk for minors.

If the parents have not been able to reach an agreement, the judge must make the decisions related to the care of the minors. Will do it after listening to the parties and being the case to the Fiscal Ministry. The judge will decide on the guard and custody of the children. To make this decision, the parent who exercised custody before the demand for separation or divorce will be taken into consideration, which are generally women. 

Lately there are more and more cases of shared custody or parents obtaining custody. Statistics show that they are the ones who request the lowest workday reductions for the care of their children and even often temporarily abandon the work for that same reason. That is why the judge most frequently grants custody to mothers.


Whether parents separate or divorce, the alimony of the children should be defined. In this case, it may also be established by mutual agreement or by judicial judgment. The food pension is mandatory, but you can also establish a compensatory pension, which is optional. The amount of the food pension depends on each particular case and it is the spouses who must set their amount, periodicity and payment method. If there is no agreement, it will be the judge who does it, depending on the income of the spouses and the needs of the non -emancipated minor.  

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