Where a marriage has genuinely ended, an agreed closure usually costs both parties far less than a contested trial.
This is a general explanation of how mutual consent proceedings usually work. The applicable personal law and the facts of each marriage determine what actually applies.
The joint petition
Both spouses present a petition stating that they have been living separately for the period required in law, that they have not been able to live together, and that they have agreed to dissolve the marriage. Statements are recorded by the court.
Two stages
Mutual consent proceedings typically involve two stages separated by a period prescribed in law, intended to allow reflection. Consent must continue at the second stage; if it is withdrawn, the petition cannot proceed as a consent matter.
The settlement is the real document
- Any amount payable, the manner of payment and the schedule
- Custody, visitation and education arrangements for children
- Return of articles, jewellery and documents
- Whether other proceedings between the parties will be withdrawn
Common mistakes
Vague settlement terms, promises made orally but not recorded, and signing under pressure are the three reasons such matters return to court. Every term should be read carefully before filing.
This article is general information about legal procedure and is not legal advice. Facts and applicable law differ from case to case, and no outcome is promised.