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amicable divorce


 Amicable divorce: how does it work?

If you and your ex-spouse wish to divorce amicably, you can produce a draft agreement in which you will make all the decisions relating to your divorce. You can then file a joint application.

Here are the conditions for a divorce to be requested jointly:

  • The spouses must agree on all the consequences of their divorce, custody of the children, child support, alimony for ex-spouses, division of the value of property, etc.

  • There must be no point of contention between the spouses, for example, they must agree on the date on which they ceased to live together.

  • The reason for the divorce must be separation for more than one year. Adultery and physical and mental cruelty cannot be invoked.


If the spouses choose to retain the services of a single lawyer or notary to draft their agreement and the divorce paperwork, this lawyer or this notary must advise and be faithful to both spouses, that is to say that he cannot favor the position of one to the detriment of that of the other.


What is divorce with consent?

Spouses do not have to file for divorce together. Even if they get along.


In other words, the spouses can divorce amicably, but they do so separately. For example, this would be the case if the spouses are in one of the following situations:

  • They each want to be represented by their own lawyer.

  • One of the spouses wants to invoke adultery, physical or mental cruelty as grounds for divorce.

  • The divorce is already requested by one of the spouses and they reached an agreement later in the divorce process.

  • The spouses do not agree on all the consequences of the divorce, for example, they agree on the custody of the children but not on the division of the value of their property.


The spouses can record the points on which they agree in a written agreement that they will sign. This agreement may also be called a “draft agreement” or a “consent”.


The agreement can eventually be transformed into a judgment and form part of the divorce judgment between the spouses.

Source: Educaloi

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