An uncontested divorce allows, in theory, to divorce quickly, according to terms previously negotiated between the spouses.
Indeed, uncontested divorce presupposes above all that the spouses agree on the principle of marriage breakdown and its consequences, not only between them but also on the consequences it may have on the kids.
The lawyers of the spouses will have to draw up an agreement by the information provided by the spouses concerning the details and the organization of the life after the divorce.
Assignment of housing, the name of the wife, payment of a compensatory allowance, payment of taxes, residence of children, access, all these questions must be settled and considered by agreement between the spouses.
Warning! Even if such a divorce means that a margin of freedom is left to the spouses, that does not mean that the decisions taken in the agreement by them must be completely disproportionate or meaningless.
On the contrary, they must be achievable and just for spouses and children.
It is the family affairs Judge who will verify whether the planned measures are fair and justified before validating this agreement.
The Speed of the Divorce Procedure by Mutual Consent:
When the agreement has been drafted and accepted and signed by the spouses and lawyers, the petition for divorce is filed at the registry of the High Court; then it will be necessary to wait for a court date to be fixed. This date is quickly fixed; however, it depends on the congestion of the Courts. It will take three to six months from the date of applying the hearing date.
No attempt at conciliation is initiated unlike other divorce proceedings since the spouses already agree. The speed of the proceedings is also because it is at the end of this single hearing that the divorce between the spouses is pronounced.
Finally, the possibility for spouses to be represented by the same lawyer increases the speed of the procedure because no exchange between lawyers does not slow down the procedure.
The Cost of the Divorce Procedure by Mutual Consent:
As the procedure is short, court costs are reduced.
Also, the fact that the spouses choose a lawyer for two, of course, reduces the costs, since in general, the fees of the lawyer are shared between the spouses.
Freedom of Choice in the Procedure:
As mentioned above, it is the spouses who organize the consequences of their life after the divorce. Their lawyers are of course present to assist and advise them on what can be considered or not.
For example, the spouses will decide how to settle their matrimonial property or agree on the amount and form of the compensatory allowance to be paid.
Note: If normally the petition for divorce by mutual consent is filed with the High Court of the family’s place of residence, the spouses, if they live separately, can choose the High Court of the place of residence of the family. One or the other.
Also, no minimum duration of marriage is required for this type of divorce to be pronounced.
Finally, the spouses do not have to make known the reasons that led them to divorce.
A Less Traumatic Procedure than Another Type of Divorce:
Divorce by mutual consent remains a divorce, but it encourages good relationships between future divorced and alleviates the shock especially when consequences on children are expected.
Unlike other divorce proceedings, it does not imply that spouses and not third parties who could prove in favor of one or the other as such are the case for example in a divorce for misconduct.