The process of mutual-consent divorce

We consider the mutualconsent divorce agreement to be the simplest way of divorce, without a lot of hassle and time consumption and energy of the spouses. Mutualconsent divorce shall be submitted to the court according to the place of residence of either spouse, and it is possible that the spouses agree on territorial jurisdiction of the court that is to conduct the divorce proceeding. The agreement on territorial jurisdiction shall be submitted in the context of a divorce settlement agreement, but may be submitted in the framework of a special document. It is important to corroborate the facts that stand out in the proposal. When the court receives the proposal for mutualconsent divorce the court shall schedule a hearing. The procedure is urgent. In the case of a couple with children, hearing is usually scheduled within 15 days of the date the proposal for divorce by mutual agreement arrived to court.

Agreement on divorce itself must be made in writing and signed by both spouses. As part of the agreement it is necessary to reach an agreement on issues relating to:

Joint property

By joint property we imply the assets acquired during the marriage of spouses and it is important to reach agreements on which assets will belong to whom. It is necessary to identify the exact property, specify type of property and its purpose, and deliver accurate information on the legal basis its acquisition and proof of ownership.

Parental rights

In the cases that the spouses have mutual children, it is necessary to reach an agreement on the subject of taking care of the child. After that, the spouses should agree on the way of maintaining the relationship between the child and the parent with whom it will not live (frequency, time and place of visitation, time together during the holidays, summer and winter holidays …)

Child support

Child support is part of the agreement which determines who is obliged to support the child and to what amount. Usually the parent with whom the child does not  live is under an obligation to support the child.

Both parties divorce must be present at the hearing on the proposal for mutual-consent. Of course, spouses can hire lawyers, so they themselves do not have to appear at the hearing. It is not possible that both spouses have the same lawyer. The judge checks the completeness of proposal, and the most important facts upon which the court takes into account the line of duty is whether the proposed agreement is concerning parental rights and visitation with the child models as well as maintenance of the child, to child’s best interest. If the court finds that the proposal is neat, that contains all the elements and that is in the best interest of the child, the court usually adopts the agreement and the marriage will be officially divorced.

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