How and When You Can Modify The Legal Measures Adopted in Custody or Divorce

For the adoption of the measures in a marriage process or custody hearing in court, the personal and patrimonial circumstances of the adults involved should be taken into account at the time of the corresponding measures. However, this does not mean that from then on these measures are completely unalterable and can never be modified. It is possible to review the measures adopted in the judgment if the personal and economic circumstances have changed substantially. The initial agreements were by mutual agreement, which led the judge to fix his pronouncement in the sentence. However, because things can change, it is possible that the measures can be altered as well

Unforeseen Circumstances

The possibility is foreseen that the measures adopted may be modified by agreement between the parties. In this case, the corresponding modification of measures may be requested by accompanying the request for modification of the corresponding regulatory agreement, in which the modifications of the decision that are to be carried out will be collected to submit it to the approval of the court.

Requesting the Modification

However, what if there is no such agreement? Well, in this case, the spouse or stable partner who wishes to proceed with the modification of the measures established in the matrimonial process prior to the divorce must present the corresponding request for modification, indicating the measures that they wish to modify and must prove that it has indeed occurred. They have to show the change in circumstances that justifies the modification.

The Requirements

In order for the action to modify the measures established in the court ruling to succeed, the judges and courts have been demanding the concurrence of the following requirements:

1.- That it is about circumstances that arose after the judgment in which the measures to be modified were established.

2.- That it is an objective change, outside the will of those who initiated the new procedure

3.- That said change is sufficiently important and must affect the essence of the measure to be modified, and not merely accessory factors or insignificant changes.

4.- That the alteration of the circumstances that were taken into account at the time of the sentence has is permanent and does not have to facilitate a temporary modification. That is, the change in circumstances cannot be temporary, but must be prolonged over time.

The Evidence

It is essential that the change in circumstances for which the corresponding modification of measures is requested is proven, showing both the concurrent circumstances at the time of agreeing on the measures to be modified, as well as the current ones. This is done to be able to assess whether the necessary budgets are in place to agree on the intended modification. Therefore, before starting any type of action, you must analyze what evidence is available to prove the substantial change in circumstances in order to determine the possibilities of success that await us.

What You Should Take Into Account

You must also take into account whether the change in circumstances that are alleged to urge the modification of the measures was a foreseeable change at the time the measure was adopted, since if so, the modification of the same will not proceed. You may have to seek the professional help of a family law lawyer to find a solution


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