In a divorce by mutual consent, both spouses reach agreement on all the elements of their separation, including the dissolution of the marriage, child custody, visiting rights and alimony, as long as these conditions comply with the family code and give priority to the welfare of the children. These agreements are set out in a divorce agreement, which must be approved by a judge 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 means a quicker, less painful resolution. Both spouses must appear before the judge to confirm the agreement.
Divorce by mutual consent offers a number of advantages, including lower costs and shorter processing times than judicial divorce, which can take up to six months. This approach also promotes friendly relations after the divorce, which is essential for the well-being of the children. The spouses remain in control of the terms of their separation, avoiding decisions imposed by the judge.
To initiate an amicable divorce, the spouses must draw up a divorce agreement detailing all aspects of their separation, such as the wife's rights, child custody, visitation rights, alimony, remarriage authorizations or travel abroad. This agreement is subject to approval by the family judge, who 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 standards.
The procedure begins with the filing of a petition for divorce with the Family Affairs Judge, accompanied by the divorce agreement and the necessary documents, including the spouses' CNIEs, the original marriage certificate and the children's birth certificates, where applicable. Once the petition has been filed, the spouses are summoned to a hearing before the Family Affairs Judge, who may ask for clarification or additional documents.
If all the conditions are met, the procedure can be completed quickly, often in less than a week. The spouses must attend the hearing to obtain the judge's approval, and submit the agreement to the Adouls to draw up the official divorce deed.
The legal fees for a divorce by mutual consent include the lawyer's fees and those of the Adoul. The assistance of a lawyer ensures that the interests of both parties and their children are protected, by ensuring compliance with current legal provisions and preventing future disputes.
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