With the recent news of the divorce process between the player Achraf Hakimi and Hiba Abouk, in which it comes to public knowledge that the player with the intention of protecting his assets has been depositing 80% of his income to his mother’s account, so that Hiba Abouk would not have access to them, it comes to highlight the fact that although marriage is an incredible life journey, sometimes there may be bumps in the road that make it difficult to stay together. This is why when this moment comes, it is important to know that there is a friendly and efficient way to resolve it in Costa Rica, the “Divorce by mutual consent.”

¿What is a divorce by mutual consent?

It is an option that occurs when both spouses agree to end the marriage. There is no conflict, no “guilty” or “victim”, just two people who have decided they want to go their separate ways. Now, I’m sure you’re wondering, ¿What about all of our shared assets?

Protect your assets: Marital contracts.

This is where marital contracts come into play. These are basically a back-up plan that you can set up either before or during your marriage to protect your personal assets in the event of a divorce. In other words, they give you the opportunity to safeguard the assets you obtained before and during the marriage from being distributed in the event of a divorce.

For this marital contract to be valid, you need the following:

• A notary public must issue a document that demonstrates the intention of both parties to protect their individual assets.
• This agreement will protect you in case circumstances arise that make it difficult for the marriage to continue.

¿How does the mutual consent divorce process work? 

Here is a step-by-step description of the process:

• Application: You Will need to file an application drafted by a notary public to the appropriate court. This application will set forth such things as property distribution, child custody and child support, if applicable.
• Judge’s review: The judge assigned to the case will review the agreement to make sure it’s fair to both partied and that the rights of the children, if any, are protected.
• Judgment: After reviewing the agreement and clearing up any doubts, the judge will issue a final judgment of divorce that will officially dissolve the marriage.  

Divorce by mutual consent is the preferred option for Costa Ricans to end a marriage in the fairest and most peaceful way possible. Remember that having good legal advice is vital. At ERP Lawyers, we have a team of lawyers specialized in this matter ready to provide you with the best assistance. If you need more information, do now hesitate to contact us at info@erplawyers.com