By agreeing on everything, you will tell your Lawyer (since, and only for this type of procedure, you can have only one)!
The procedure of divorce “amicably” (or by mutual consent) is pleasant in that it allows to combine speed and simplicity.
When I say “without pain”, I explain myself (I already hear some moaning because they do not agree): a divorce, a separation are necessarily painful (maybe not for both parties, especially if the other has already moved on …), but conflictual divorces only maintain and / or rekindle the wounds, while the amicable procedure is somewhat curvaceous.
Not that everything always happens in joy and good mood, since some people accept against their will to use this procedure rather than another for purely “practical” reasons (it’s quick and easy, it costs less etc.), but at least the climate is more peaceful and it is always won (you do not have to provide the magistrate the reasons for your divorce).
Moreover, you control the situation and there are no surprises, whereas in the conflicting procedures, it is the Judge who decides (since you do not agree).
So when I say “agree on everything”, I mean that once you have decided to divorce, you have to sit around a table (if possible, serve you a good hot chocolate …) and discuss frankly to settle all the consequences of your separation, namely:
- Will she resume the use of her name or retain the use of the husband’s name, provided that he accepts it?
- Who will maintain the enjoyment of the matrimonial home (rent or property)?
- What happens to movable property? How will they be shared? What is their overall estimate?
- Is there any common property (the best is to settle their fate before beginning the procedure of divorce, in order to be able to attach to the motion filed with the Tribunal the draft statement of assets prepared by the Notary)?
- Will one spouse pay the other a compensatory allowance and how much?
- How will the tax question be settled?
- Who will pay for the lawyer’s fees? (This can be one or both spouses, half of them each or in a different distribution, of course, if you both benefit from the full legal aid, you will have nothing to settle) .
- Will parental authority be joint or exclusive?
In general, when it is a divorce by mutual consent, it will be joint.
- In which of the parents will be fixed the residence of the children?
- How will the visiting and accommodation rights of the parents where the children do not reside be organized?
This can be organized in a classic way: a weekend on two of Friday evening or Saturday morning out of classes at Sunday evening 18 or 19 hours and half of the school holidays.
But according to the profession of the parents, the proximity of the homes of the two spouses, a different organization can be put in place.
Alternate residence is also possible: the child will live one week out of two (or a month out of two, or even one year out of two …) alternately at his mother, then his father.
However, certain conditions must be met, such as the proximity of the homes of the parents to allow the child to keep the same school and the same friends.
As with all questions concerning children, the interest of the children should be taken into account.
- Will child support be paid to children and how much will it be?
Once you have reviewed all of these points, you will have your Advocate write a petition that will be filed with the Tribunal.
The spouses are then summoned only once to the Family Justice who will homologate the agreement signed by the spouses and will pronounce their divorce, the same day of the convocation.
So, put a little good will and you can opt for this type of procedure …