Legal Knowledge

Everything You Need To Know About Mutual Consent Divorce

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Nowadays, divorce is becoming more and more acceptable, and we are all for it, but there are certain things you need to be aware of about divorce. Divorce is the sign that a marriage is coming to an end and is the stage of life where you’ll be seeing your lawyer more than your future ex-spouse, and this can be a stressful and eventful time in your life. 

No matter if you are gay, straight, trans, cis, or non-binary, everyone can get married after the 2015 laws that allow marriage for all abut. This also means that there are more divorces now, and it is no longer just between heterosexual couples. 

55% of divorces pronounced by the Family Court are all by mutual consent. It is a simple, practical, fast, and less expensive divorce procedure. To learn more about this subject, read the following article! So, without further ado, let’s get into the list of everything you need to know about divorces.

The conditions to launch the procedure

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Divorce by mutual consent or amicable settlement requires certain conditions. The spouses wishing to end their marriage must agree on this fact. They must admit and assume the consequences of the divorce on their future life and that of their children.

An amicable divorce may not take place in these two cases:

  • If one of the spouses benefits from a protection regime: curatorship or guardianship.
  • If their minor child asks to be heard by the Family Court. In this second case, the file becomes judicial. This allows a hearing to take place.

The interveners during the divorce agreement

Several people can intervene during the procedure of a divorce by mutual consent:

  • The spouses
  • The children of the spouses: they can intervene.
  • The mediator

Before proceeding with the divorce, a mediator has become very common. The spouses are advised to consult a mediator in order to find an agreement on the consequences of the divorce. The mediator helps them find a consensus on all the points of this procedure. However, this agreement is taken up with the lawyers. It needs to be inserted in the agreement submitted to the judge for approval or filed with the notary to be enforceable.

  • The lawyer

In the case of an amicable divorce, each party is obliged to have its own lawyer. They are the ones who will draft and countersign the divorce act. Their main role is to assist, advise and defend the interests of their clients. If the lawyer represents the plaintiff’s spouse, it is their role to refer the matter to the Judge.

  • The notary

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Without having to go to a judge, he is the one who will keep the divorce agreement in the form of a minute. They are especially solicited to carry out the division of the spouses’ patrimony, the real estate acquired before and during the marriage. Indeed, it is them who draws up:

  1. The act of licitation: in the case of the resumption of the real estate acquired in joint ownership before the marriage.
  2. The final act of sale: in the case of a sale of the real estate during the divorce procedure.
  3. The agreement of indivision: in the case of the co-owner of the property after the divorce.
  4. The liquidation statement: if one of the spouses wishes to take back their real estate.

  • The Family Court Judge

They intervene in the case where the minor child of the spouses wants to be heard. They meet the spouses once and talk to them. During this meeting, they also check the divorce agreement to make sure that it respects the interests of each party’s interests and those of their children. Depending on the agreement reached, the judge may:

  1. Homologate the agreement and pronounce the divorce
  2. Recommend to the spouses to rectify their agreement and to postpone the hearing to a later date.

  • The bailiff

They are the one who delivers the writ of divorce. They intervene in particular in the event of nonpayment of the alimony.

The cost of a divorce by mutual consent

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It is a less expensive divorce. It allows the spouses to save up to more than 2 000 dollars. The price range is between 1,200 dollars and 1,500 dollars. In the case of compensatory allowance and disbursement costs, real estate possession, and minor children, it is necessary to provide 500 to 700 dollars.

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