Divorce by agreement is a way of ending a marriage in which both spouses state before the court that they consent to the divorce.
The only condition for a divorce of this kind is that both spouses express their consent before the judge. There are no conditions as to how long the marriage has lasted or whether there are minor children, and the reasons that led the spouses to decide to divorce are not examined.
Alina Szilaghi always advises clients to try to reach an agreement with their spouse so that the divorce can proceed this way, because the emotional and financial costs are much lower.
To that end, we can either negotiate directly with the other spouse or refer the parties to mediation. Once the spouses reach a compromise, Alina Szilaghi drafts the settlement agreement and all the other documents the court needs to finalise the divorce.
The main advantage of this procedure is that the divorce can be separated from the other claims usually decided together with it, such as custody of the children of the marriage or the division of property.
In other words, the spouses can divorce straight away, and the court will later decide the issues on which they disagree. Of course, the spouses may also agree on the children, the property and other financial matters at the same time as the divorce, and Alina Szilaghi can help you reach settlements that work for both of you.
Page updated . The information on this website is general and is not legal advice on any specific matter.