<\/p>\n
Many families, when they decide to separate, ask: \u201cWhat is the fastest way to get divorced?\u201d The answer is divorce by mutual consent. This is the quickest, cheapest, and least confrontational option to end a marriage.<\/p>\n
Legal framework<\/strong><\/p>\n According to Articles 50\u201351 of the Family Code:<\/p>\n A marriage may be dissolved by mutual consent if the spouses declare before the court that their consent is serious and irrevocable.<\/p>\n<\/li>\n It is not necessary to prove fault.<\/p>\n<\/li>\n The spouses must submit an agreement under Article 51 FC, which regulates:<\/p>\n parental rights and child support,<\/p>\n<\/li>\n use of the family home,<\/p>\n<\/li>\n property relations,<\/p>\n<\/li>\n family name.<\/p>\n<\/li>\n<\/ul>\n<\/li>\n<\/ul>\n Property division in divorce by mutual consent<\/strong><\/p>\n 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).<\/p>\n It is divided upon divorce, and the issue must be resolved in the agreement under Article 51 FC.<\/p>\n The agreement may specify who gets the family home, cars, bank accounts, or other assets.<\/p>\n If there is no agreement on property division, the court will not approve the settlement and the divorce will not be granted.<\/p>\n Procedure<\/strong><\/p>\n Filing an application with the district court at the permanent address of one of the spouses.<\/p>\n<\/li>\n The agreement under Art. 51 FC is attached.<\/p>\n<\/li>\n The court hears both spouses to ensure the consent is voluntary.<\/p>\n<\/li>\n The presence of both spouses is mandatory; otherwise, the case is terminated since explicit consent from both is required.<\/p>\n<\/li>\n If everything is in order, the court issues a decision dissolving the marriage.<\/p>\n<\/li>\n The procedure usually ends within 1\u20132 months.<\/p>\n<\/li>\n<\/ul>\n Costs<\/strong><\/p>\n Court fee (Art. 6 of the State Fees Tariff under the CPC).<\/p>\n<\/li>\n Attorney\u2019s fee \u2013 subject to agreement, depending on the work involved.<\/p>\n<\/li>\n<\/ul>\n Conclusion<\/strong><\/p>\n 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.<\/p>\n If you need help drafting an agreement, consult a family law attorney to protect your interests.<\/p>\n\n
\n
\n
\n