Divorce is one of the ways in which marriage can end. /The other ways are – on the death of one of the spouses or by the dissolution of the marriage/

Marriages can be dissolved by divorce in two ways:

– By mutual consent of the parties – our recommended method

– By legal action /due to the breakdown of the marriage/ – by filing a petition by one of the spouses with the Court.


DIVORCE BY MUTUAL CONSENT /our recommended way to end a marriage, which saves time and many unpleasant emotions of the parties /

In divorce by mutual consent, the spouses must agree on the residence of the children, custody, personal relations and support of the children, as well as on the use of the family home, spousal support and family name. Once they have agreed on these matters and the spouses have signed an agreement, it must be approved by the Court. The Court shall then set the case for hearing and, after confirming that the parties’ desire to divorce is serious and firm, shall make a Judgment dissolving their marriage by divorce and approving the agreement reached between them.

Please note that movable and immovable property acquired during the marriage, if acquired in the matrimonial property regime, may be divided after the dissolution of the marriage by divorce by means of a voluntary partition agreement between the parties.


Either spouse can file for divorce when the marriage is deeply and irretrievably broken. The court usually guides the spouses towards reconciliation through mediation or other means of voluntary settlement.

Sometimes this way of ending a marriage can take up to a year, as each party tries to prove to the Court how right they are and how guilty the other party is for ending the marriage, and often various secrets from the private lives of the parties and their relatives are also revealed. Once the first instance court has made its decision, it is subject to appeal to the higher court.

In any time, the parties can reach an agreement and ask the Court to approve it, thus ending both their marriage and the case and giving them the opportunity, if they wish, to marry again.

Why it is important after spouses separate to end their marriage by divorce

  1. Anything you buy after you separate – cars, property, etc. will be family property /if you have not opted for a private relationship/.
  2. If the wife gives birth to a child by another man – her legal husband will be recorded as the father on the birth certificate.
  3. If one of the spouses dies – the other will inherit
  4. To be able to marry another person, etc.

This article is informative and not exhaustive and does not constitute legal advice or opinion.