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Category: Divorce By Mutual

All About Divorce By Mutual Consent

Divorce by mutual consent is a divorce procedure where the spouses agree to terminate their marriage and the consequences thereof.

This procedure has recently undergone an innovation thanks to Decree No. 2016-1907 of 28 December 2016 , the aim of which is to simplify the amicable divorce for the spouses and release the judge from the charge of such a procedure.

How Is This Innovative Procedure Organized To Divert The Dissolution Of Marriage?   

A New Procedure Since 1 St January 2017

It there any possibility to proceed to a divorce by mutual consent without going to the Family Justice Judge (JAF), unless one of the children of the spouses asks to be heard by the judge. This divorce requires the establishment of an agreement between the spouses, which will be drafted by their respective lawyers and filed with the notary. 

How Does The Procedure Take Place ?

Couples opting for this simplified procedure will have to establish a

divorce agreement drafted by their respective lawyers which will determine the division of property, parental authority and the presence or absence of alimony and / or compensatory benefits. In fact, if the couple has kids, it will be necessary to attach to this agreement a form completed by the children and certifying that they are aware of their rights. 

It should be noted that this agreement cannot be signed by the spouses before the expiry of a reflection period of 15 days from the receipt of the draft convention drafted and sent by the lawyer (registered mail with acknowledgment of receipt). Any signature before this deadline cancels this agreement.

After having established the divorce agreement, the deeds are signed by the spouses and their lawyers before being sent to the notary who will file the divorce agreement at the level of the minutes (registration by the notary of a private deed that has been submitted). In return, the lawyers will receive a certificate of deposit allowing them to register the divorce on the birth certificate and the marriage certificate of the spouses.

Warning! If you are married under the protection scheme, you can not benefit from this type of simplified procedure.

How Much Does A Divorce By Mutual Consent Cost?

The cost of divorce varies according to the lawyers’ fees. Also, there are notary fees and subsidiary costs of the notary in the event of a liquidation statement relating to the immovable property or an allocation of real estate for a compensatory allowance.

Except for one precision in the convention, the expenses of this divorce are shared by half by the ex-spouses.

For your mutual consent divorce procedure to proceed as smoothly as possible, we advise you to call a divorce lawyer.

The Causes Of Divorce Of A Couple In Singapore

More than one marriage out of two results in divorce in Singapore. If the legalisation of same-sex marriage has succeeded in stemming this trend, the marital union is no longer entirely synonymous with unshakable structure. What are the main reasons for divorce in couples? We have analysed the couples of Singapore and found the following reasons causing separation according to a divorce lawyer Singapore:

Half victim, half guilty, some wrongs are shared, others not. It nevertheless appears that divorce after a short union are often motivated by sudden events while those abbreviating a union of ten years or more relate to long-term exhaustion for both peers, a slow process which, when it ends, leaves the dumbfounded entourage. The marriage runs out of steam at different levels, sometimes in 3 years, sometimes in 40’s, and if a separation is often preferable to agony, there are solutions to prevent deterioration settling irreparably in a couple.

The Main Reasons For Divorce In A Couple:

Unfaithfulness: 33% of unions end after adultery , especially when it occurs during the first years of marriage. More experienced couples have more opportunities to get up after a straight line exit.

Incompatibility: at all levels, hasty unions are full of surprises. The discovery of some antithetical data such as excess or lack of professional ambition, political differences, the desire or not of children, and then, the education of the latter, personality traits unsuspected by the spouse etc are all factors that can be revealed in the second moments of a relationship.

Abusive behavior: sickly violence, moral harassment, latent neuroses can break out in the open or develop at every moment of the conjugal life and give the impression of sharing his life with a partial stranger.

Money and work: the lack of money, the loss of a job, unemployment, indebtedness are blows to balance the couple. Generators of stress and anguish, they frenzy practical life before destroying the sentimental life.

In-laws: 11% of those surveyed cite the omnipresence of the spouse’s family. Between interference, criticism and rejection of the being chosen by his family, it becomes difficult to preserve an unsinkable space of the couple without distancing themselves from parental influence.

Remoteness: beyond a certain time of union, the evolution of individuals may have led them to a more or less conscious distance but which will irretrievably end up being felt. Sometimes the sacrifices made in the name of preserving the family space are perceived by one as one way and generate frustration and resentment.

Age: Engaging with a partner with a significant age difference is a risk taken over the long term because the differences between the two individuals are widening rather than disappearing. In addition, midlife crises sometimes trigger a reflexive drive of attraction for a younger spouse as a reaction to the anguish of death.

Boredom: habits can lead to lassitude, it is an end to which all couples are exposed in the long term. To live permanently together requires a regular reinvention of the relationship so as not to sink into the routine.

Sex: As hormonal changes occur with age, the couple may suffer from mutual sexual disinterest. It is advisable to talk about it and to ask for help so as not to let the situation stagnate until it becomes insurmountable.

We have provided above reasons for conventional divorce and if you have done everything to avoid divorce but seems like it is the only way out, visit legal portals like LawOnline or SLIC to find reputable lawyers and read the tons of reviews from actual clients. Just a reminder though, the cheapest divorce lawyer Singapore does not really equate as the best. Some lawyers offer cutthroat prices simply to get a job and in this case, choose quality over quantity matters!…