However, if there are common minor children, they must agree on various aspects: custody, visitation rights, alimony, etc. That is, when a separation occurs with children who are not married , a procedure for parental measures must be initiated .
At the procedural level, the same criteria apply as for separation or divorce malaysian phone numbers regulated by the Civil Procedure Law. If there is mutual agreement between the parents, the procedure is very simple and quite fast; but in the event that there is no agreement, the process becomes more complex since an amount must be requested and set for maintenance, as well as all the circumstances must be proven through documentation so that the Courts and Tribunals deem the amount requested to be appropriate.
Regarding the common property , since there is no marriage, there is no joint property regime, therefore its dissolution is not necessary. And as for the properties that they have in common, the condominium must be dissolved in order to liquidate and allocate the assets.
Custody of minor children must be regulated , since there is no marriage, there is no divorce, but a legal and official document must be made so that everything related to the children is regulated and there are no problems in the future. It is the same as the divorce procedure with children , the parental measures must be included in the agreement, that is, how the custody of the minors will be, the visitation regime, the attribution of the use of the home, if a maintenance pension will be established, etc.
We can find ourselves facing two processes:
Friendly agreement : the parents reach a mutual agreement, both decide who will have custody of the minors or whether they will have joint custody. The regulatory agreement will establish how custody will be and will indicate the visitation regime, as well as whether one of the two parents will pay child support.
Contentious process : the parents do not agree, therefore it will be the judge who, after examining the circumstances of the parents, will decide (always prioritizing the interest of the minor) the custody, the visitation regime, as well as the use of the family home, among other aspects. Art. 159 Civil Code .
Parental measures
Custody and guardianship: may be exclusive to one parent or shared, depending on the interests of the children, as well as the economic and employment possibilities of the parents.
Use of the family home: As a general rule, the person who has sole custody of the minors has the right to use the family home, although there are exceptions.
Visitation and communication with children: the parent who does not have custody has the right to communicate, visit and be with his or her children.
Child support: This is set based on the minor's expenses and in proportion to the parents' income.
Judicial proceedings
The judicial procedure for a procedure on parental measures is very similar to that of any separation or divorce. What happens in the separation of an unmarried couple is that only measures affecting the minor children will be regulated; no ruling will be issued regarding the marital breakup .
If there are minor or disabled children, the intervention of the Public Prosecutor's Office is mandatory . art. 749 LEC (The parties, that is, the parents, must be assisted by a lawyer and represented by a solicitor (if there is mutual agreement with a single lawyer and solicitor for both parties, it is sufficient).