Divorce by Mutual Consent – the Fast and Easier Way

Many families, when they decide to separate, ask: “What is the fastest way to get divorced?” The answer is divorce by mutual consent. This is the quickest, cheapest, and least confrontational option to end a marriage.

Legal framework

According to Articles 50–51 of the Family Code:

• A marriage may be dissolved by mutual consent if the spouses declare before the court that their consent is serious and irrevocable.

• It is not necessary to prove fault.

• The spouses must submit an agreement under Article 51 FC, which regulates:

  • parental rights and child support,

  • use of the family home,

  • property relations,

  • family name.

Property division in divorce by mutual consent

If the spouses do not have a prenuptial agreement or have not chosen another matrimonial property regime, the property acquired during the marriage is considered marital community property (Art. 21 FC).

It is divided upon divorce, and the issue must be resolved in the agreement under Article 51 FC.

The agreement may specify who gets the family home, cars, bank accounts, or other assets.

If there is no agreement on property division, the court will not approve the settlement and the divorce will not be granted.

Procedure

• Filing an application with the district court at the permanent address of one of the spouses.

• The agreement under Art. 51 FC is attached.

• The court hears both spouses to ensure the consent is voluntary.

• The presence of both spouses is mandatory; otherwise, the case is terminated since explicit consent from both is required.

• If everything is in order, the court issues a decision dissolving the marriage.

• The procedure usually ends within 1–2 months.

Costs

• Court fee (Art. 6 of the State Fees Tariff under the CPC).

• Attorney’s fee – subject to agreement, depending on the work involved.

Conclusion

Divorce by mutual consent is the fastest and most cost-effective way to dissolve a marriage, but it requires the spouses to agree on all key issues.

If you need help drafting an agreement, consult a family law attorney to protect your interests.