A joint divorce application should accurately reflect what both spouses have agreed. It needs more than matching signatures: the terms on children, support and financial matters must be clear enough for the court to examine their legality and fairness.
Use the correct basis for a joint application
A consensual divorce application records both spouses' genuine wish to end the marriage. Under Article 55 of the 2014 Law on Marriage and Family, the court also reviews the relevant arrangements for property and children to ensure the required legitimate interests are protected.
The joint request should not be drafted as if the spouses must prove a contested unilateral case. The serious-breakdown grounds in Article 56 concern divorce requested by one spouse; they should not replace the assessment of genuine consent and appropriate arrangements in a consensual application.
Describe the marriage and the agreement clearly
Identify the parties and the marriage record accurately. State the joint request and explain the relevant family circumstances without unnecessary accusations. Both spouses should understand and confirm what the application asks the court to recognise.
If the parties disagree about an essential matter or one withdraws genuine consent, the procedural route may need reassessment. The draft should not hide a dispute behind a statement that all issues are agreed.
Address children and financial issues
- Identify the children and the proposed direct-care arrangements.
- Set out support and other relevant parental obligations in practical terms.
- Describe the property agreement or accurately state the scope of matters not requested for determination.
- Identify relevant borrowing and distinguish the spouses' arrangement from a creditor's legal rights.
The court considers the child's interests and applicable age-related rules. A settlement concerning property does not automatically settle parenting or remove the possibility of a later child-related request based on the statutory conditions.
Check documents, jurisdiction and participation
Support the request with appropriate marriage, identity and residence records, together with children's or financial documents relevant to the relief sought. Foreign-issued records require review of translation and applicable authenticity formalities. Confirm the competent court under the current structure and territorial rules.
A lawyer can help draft and review the application, identify missing records and explain the procedure. That assistance does not replace the court's review or automatically excuse personal participation by either spouse. A clear joint application supports an orderly process without guaranteeing a completion date.
Discuss your next steps
For advice on drafting a consensual divorce application, ask Jurion & Partners to review your circumstances, relevant documents and practical options before you proceed.
