Whilst a divorce petition based on faute(s) is confrontational, a divorce by mutual consent is an amicable and collaborative process. In a divorce by mutual consent, the spouses jointly agree that their marriage has irretrievably broken down, jointly wish to divorce and have agreed on the consequences of such divorce.
Prior to lodging the divorce petition based on their mutual consent, they have to agree on the consequences of the divorce, inter alia on the custody and other rights of each spouse with respect to the children, alimony whether for a spouse or for the children or both, partition and ownership of moveable and immoveable assets, payment of debts etc. Such agreement drawn up in writing and annexed to the divorce petition, is subject to the homologation of the Court.
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