When someone speaks of divorce, people automatically think of time-consuming judicial processes, re-victimization and friction between the spouses. In most cases, that is often the case; however, there is a “peaceful” and more expeditious solution to the complicated moment, which is the divorce by mutual consent.

Application of the Costa Rican Family Code

Article 48 of the Costa Rican Family Code establishes a series of grounds, which must be fulfilled (at least one) to be eligible for divorce. The seventh cause refers to mutual consent. Consent that can be exercised at any time after the marriage is registered. It is done through an agreement before a Notary Public, which, once signed, must be filed before a Family Court for a Judge to be approved.

In order to be able to opt for mutual consent as a cause of divorce, there must be an agreement of wills between the spouses, that is, they must first agree on the divorce, and they must also agree on the following points:
•The custody, upbringing and education of children (if any).
•Visitation regime for minor children (if any)
•The distribution of the assets acquired while married (if any).
•The amount of alimony between spouses and for the children (if any).

About the last point, the spouses can waive the maintenance of one another, but if there are children and these are minors, a child’s support must be entered in the agreement in favor of the children, by the person who does not have the custody.

Benefits for a divorce of this modality

Divorce by mutual consent has benefits that none of the other causes offer, since in this case is a non-contentious (non-judicial) process, which means that there is no litigation between the parties, therefore it won’t present the friction of a long and tedious judicial process, which wears both sides. In addition, this cause ensures a quicker divorce as opposed to a judicial process.
If you need assistance or legal advice regarding a possible divorce, we, at ERP Lawyers & Associates, are available to assist you in this process, as we have professionals specialized in Family Law with ample expertise in divorce matters. You can make an appointment through our website or by phone. It will be our pleasure to assist you.