When we talk about divorce proceedings by mutual consent, it is about proceedings without restraint between the parties, where both spouses agree regarding:

• Custody of minor children (if any);
• Family interrelation regime (if there are children);
• Child support (if there are children);
• Alimony between the spouses, and;
• Distribution of community property.

Once there is an agreement on the points mentioned above, the spouses go to a Notary Public and, through a public deed, express their desire to end the marriage by mutual consent. The Notary must present this deed together with a document requesting the approval of the agreement before the corresponding Family Court, where the judge will proceed with the approval and thus its registration in the Civil Registry is possible.

The new Family Procedural Code, which will take effect in the year 2022, incorporates new features related to the processing of this type of process, which we will be referring to.

1. Hearing to the National Children’s Board: In cases where there are minors who are children of the marriage, a three-day hearing will be granted to the National Children’s Board to refer to the agreement in relation to the minor.
2. Listening to the minor: The code encourages the minor involved to be listened to, and to take into consideration his/her position in relation to their personal care and their interrelation with the parents. The minor may be heard directly by the judge, or through professionals that the Judiciary makes available.
3. Call for a hearing: In those cases where there is doubt about any of the clauses of the divorce agreement, the judicial authority may call for a hearing to clarify what was agreed. Both spouses must appear at said hearing.
4. Opposition to the agreement: Article 293 provides the opportunity to oppose the applicable agreement only in the case of defects in consent or falsehood, as long as it is alleged before the agreement is approved. Once the opposition is presented, the judicial authority will offer a hearing for five days to the other party, so that he/she may reply and provide the necessary evidence. Once the term has expired, the Judge will call a hearing to receive the evidence offered, the parties will be able to provide their conclusionsDivorce By nd the operative part of the sentence will be issued.

Undoubtedly the new Code will bring important changes in the Family Law procedures and the divorce process by mutual consent is just one example of this.

If you require advice in your divorce process or in any other area of Family Law, we invite you to contact us at info@erplawyers.com where our team of experts will gladly provide you with the legal advice you need.