An amicable discussion of the conditions of the separation allows both a saving of time and money and maintenance of the peace of the family. In the case of a divorce by mutual consent without a lawyer, the spouses write the file defining the terms and conditions for the dissolution of the marriage. Thus, they can most often avoid certain filing and representation fees before the family court judge.
In addition, the two spouses jointly writing the file of separation it is normal to imagine that they agree perfectly on what it contains. As a result, judgment is usually made much more quickly.
Since the 2004 law, which entered into force on 1 January 2005, the divorce procedure has been simplified. The two signatories of the marriage can now separate without calling on a lawyer but in the only case of a divorce by mutual consent .
Not only is it necessary to have a lawyer, but it also requires a court Divorce Attorney even if the divorce is by mutual agreement. If they wish, both spouses can share a lawyer and attorney.
Although the spouses have decided to divorce by mutual agreement , that is to say, being in agreement on how their family and economic relations are going to be regulated after the divorce, it is necessary that these agreements take shape in a regulatory agreement and this agreement, which will draft The lawyer, must appear in the Court along with a written petition for divorce by mutual agreement that must be signed by a lawyer and court attorney.
As for the lawyer, both spouses can choose the one they want and if they do not know any, they can always request one on their own, taking into account that, if a lawyer is requested, it does not mean that it is free, only It will be free if the spouses do not have sufficient financial means.
In the event that a lawyer is solicited ex officio, a public prosecutor must also be requested and these will be assigned by list order. However, when you go to a private lawyer, this already facilitates the prosecutor, the parties should not worry about looking for any, yes, in either case, whether they are private professionals or the shift of office their fees are independent, that is to say, a fee will be paid to the lawyer and others to the solicitor, unless the private attorney specifies the contrary and the Divorce Attorney fees are included in his / her fees, but this must be specified.
How to do?
The spouses must begin by clearly defining all the arrangements for the separation, both with regard to the couple’s property and the present and future financial situation of each party, as well as with regard to the family situation of each.
The spouses must then draw up a separation agreement containing all the jointly defined terms and co-sign it to present it to the Family Court Judges together with an official request. Even if the divorce chosen is the amicable divorce without a lawyer, it is highly recommended to seek the assistance of a lawyer or to appeal to legal aid often free of charge for the drafting of the said convention. They will add the civil status of each and a notarized deed (a document signed by a notary and defining the distribution of the couple’s property).Divorce without a lawyer is therefore entirely possible, but only if your relationship with your spouse is excellent. If not, a lawyer is really necessary.