Procedure, prerequisites and supporting documents for a divorce by mutual agreement.
a) The common consent of the husband and wife as to the dissolution of their marriage. b) Duration of marriage of one year at least prior to the submission of the joint application. c) Declaration of their agreement before the Court. d) Agreement of the husband and wife over the custody of their minor children (if any). The agreement must settle the custody of the children and the communication with them. The custody is validated by the court and applies until the decision on the subject is issued according to the article 1513 of the CC.
The application for issuing a divorce by mutual consent is judged before the Court (One-Member Court of First Instance), in the region of which the place of the last joint residence of the married coupled is found or in the region of the Court where one of the two of them has his/her residence during the ex pante procedure. Following the submission of the application and the first statement of the spouses on the dissolution by mutual consent of their marriage a time period of at least six months is granted (which, however, must in no case exceed the seven month), at which time a second hearing takes place, where the parties repeat their statement on the dissolution by mutual consent of their marriage. For both these hearings it is required for a lawyer to be present, while the presence of the applicants is not required if this is substituted by special proxy made by a Notary Public. This special proxy must have been issued within the last month prior to every meeting (provided from the first meeting two years have passed, the declaration of agreement is no longer valid). Then the Court examines whether the conditions over the dissolution of the marriage by mutual consent, apply, and issues its decision.