Divorce by mutual consent

Divorce by mutual consent

    A marriage by mutual consent is terminated only by a court order. The essential element here is consent, and the second element is agreement. Both spouses must file for divorce, signed by both, to the district court. The petition states that they both agree to end their marriage. The court does not need reasons why the spouses reached this decision. They have to confirm in person and before the court, so if they do not appear without good reason at the hearing, the case is terminated. The agreement, which is an important part of a divorce by mutual agreement, must be presented to the court. It should include: who will exercise the parental rights, alimony and personal relations of the children, the place of residence of the children, the surname, use of family housing, property relations. The agreement may be stated at the hearing or in writing. The measures listed therein may be amended at the request of the parents in the event that the circumstances of the situation of the children change substantially. With a subsequent agreement, approved by the court, the spouses have the opportunity to change the place of residence of the children, if of course they both agree. If the decision is positive, ie divorce is allowed it cannot be appealed. Therefore, in the negative, it can be appealed.