If the parties can agree to a divorce by mutual agreement, they must agree on the following consequences of the dissolution of the marriage:
If they have underage children in common – who will stay with them after the marriage and who will exercise parental rights in relation to the children; when the other parent will see the child and what maintenance they will pay on a monthly basis; who will use the family home (family home is the place where the parties last lived together), what will be the spouses’ surname after marriage, and whether they owe each other a living allowance.
If consent cannot be reached on even one of the foregoing issues, a divorce by mutual consent is not possible and then, each of the parties seeking the dissolution of the marriage may bring an action for divorce in which the above matters are dealt with.
The divorce application may raise the question of who is to blame for the deterioration of the parties’ relations. The court shall rule on this matter only if there is an explicit request to that effect. The truth is that there is no special sense in establishing who is guilty of ending the marriage in relation to the legal consequences of the marriage being terminated, but rather for the moral satisfaction of the country. However, in the cases when seeking who is to blame for the deterioration of the relations, the relations between the parties are sharpened to the extreme, the treatment of the issue of guilt is inappropriate, especially if the parties have common children, for which they should have to some extent acceptable relations.
What documents are filed in a divorce by mutual consent
The necessary documents for divorce by mutual consent the marriage certificate in the original and a copy of the birth certificate of the children if the parties have children under the age of majority.
A set of documents is also submitted in the form, namely: Marriage Notice and Information.
A divorce application on behalf of the parties is filed for the initiation of the case, accompanied by an agreement signed by the parties on the legal consequences of the termination of their marriage.
Where is an application for divorce by mutual consent
A divorce application by mutual consent is filed with the district court of residence of one of the spouses.
When the divorce decision comes into force
The decision on divorce by mutual consent shall enter into force immediately upon its adoption.
The decision on the divorce on the lawsuit enters into force, with the expiry of 14 days term for its appeal, which expires for each of the parties from the date of its receipt.
If the decision is appealed, the divorce shall take effect after the final decision has entered into force.
The divorce decision may be appealed only in the part concerning the guilt, in which case the decision in the part by which the marriage is terminated takes effect upon expiry of the 14-day appeal period from the receipt of the decision for each of the parties.
