Uncontested divorce (divorce by mutual agreement)

Uncontested divorce is the accelerated procedure applied where spouses agree on the divorce and all of its consequences. The marriage must have lasted the statutory minimum period, and the spouses must apply jointly or one must accept the action filed by the other.

The protocol is the centrepiece: maintenance, damages, custody, the contact arrangement and, if desired, the division of property are all regulated in it. The judge must hear the parties in person, be satisfied that their consent is freely given and approve the protocol, and may require changes, particularly in arrangements concerning children. Personal attendance at the hearing is therefore mandatory.

Judgment is usually rendered in a single hearing. Where the protocol does not expressly settle the property regime, liquidation claims may later be raised in a separate action, so drafting the protocol to cover all property consequences is important to avoid future surprises.