In a divorce by mutual consent, both spouses reach an agreement on all aspects of their separation, including the dissolution of the marriage, child custody, visiting rights and maintenance, provided that these terms comply with the Family Code and give priority to the well-being of the children. These agreements are set out in a divorce agreement, which the court must approve to ensure that the rights of both parties are protected. This type of divorce is based on mutual agreement and the absence of significant conflict, which allows a quicker and less painful resolution. Both spouses must appear before the court to confirm their agreement.
Divorce by mutual consent offers several advantages, including lower costs and shorter processing times compared with a contested divorce, which can take up to six months. This approach also encourages amicable relations after the divorce, which is essential for the children’s well-being. The spouses remain in control of the terms of their separation, avoiding decisions imposed by the court.
To begin an amicable divorce, the spouses must prepare a divorce agreement setting out every aspect of their separation, such as the wife’s rights, child custody, visiting rights, maintenance, and permission to remarry or travel abroad. This agreement is submitted to the court for approval, which ensures that it complies with the Family Code.
The lawyer plays an essential role in ensuring that the agreement complies with the Family Code and other legal rules.
The procedure begins with a divorce petition filed with the family section of the court of first instance, together with the divorce agreement and the necessary documents, including the spouses’ national ID cards, the original marriage certificate and the children’s birth certificates, where applicable. Once the petition is filed, the spouses are summoned to a hearing before the court, which may ask for clarifications or additional documents.
If all conditions are met, the procedure can be completed quickly, often in less than a week. The spouses must attend the hearing to obtain the court’s authorization; the divorce is then recorded by two adouls in the official divorce deed.
The costs of a divorce by mutual consent mainly consist of the lawyer’s and the adouls’ fees. Using a lawyer helps protect the interests of both parties and their children, by ensuring compliance with the legal provisions in force and preventing future disputes.