A divorce by mutual consent is the most dignified and easiest way of getting divorce. This type of divorce does not involve any fight in the court room as is the case for fault-based divorce. Parties to a divorce by mutual consent would have already reached agreements on the consequences of their divorce before setting foot in the court room. The duty of the court is to ensure that the agreement has been reached voluntarily and it is fair to both parties and to the children involved. The court will then proceed to formalize the agreement and pronounce a provisional decree of divorce based on the mutual consent of the parties.
The matter can reach the merits stage within three months from the date the petition is lodge.
what are the steps?
Our mediator will sit with the parties to mediate on disputed issues which will eventually lead to a memorandum which will be signed by the parties.
If custody and other issues relating to children is disputed, our mediator will work with you to prepare a parenting plan
An attorney will then advise you on the memorandum / parenting guide before incorporating the same in your divorce agreement.
The agreement will then be signed in front of a Court officer before being lodged.
The matter will be fixed for presentation before a Judge where both parties will have to be present.
The Judge will confirm from you whether the agreement has been signed voluntarily, and once satisfied, the matter will be fixed for merits.
On merits, a Barrister will conduct the case and both parties will be called in turn to confirm that they have decided to divorce by mutual consent and that they have signed an agreement to regulate the consequences of the divorce.
Parties will ask the Judge to formalize the agreement and to pronounce a provisional divorce based on mutual consent of the parties.
A provisional decree will be pronounced and the same will become final after three months.