Family Code > CHAPTER FOUR DISSOLUTION OF MARRIAGE 2

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Section 1. Divorce by Mutual Consent

Article 77. – Petition for Divorce by Mutual Consent.

1) Where the spouses have agreed to divorce by mutual consent, such agreement, which shall also regulate the consequences thereof, shall be submitted in writing to the court for approval.

2) Notwithstanding the provisions of Sub-Article (1) of this Article, spouses whose marriage lasted for less than six months shall not be permitted to divorce by mutual consent.

3) Spouses who petition for divorce by mutual consent are not obligated to state the reason thereof.

Article 78. – Power of the Court.

1) Where a petition for divorce is made under Article 77(1) the court may discuss with the spouses separately or jointly and counsel them to renounce their intention to divorce.

2) In the event that the spouses did not show willingness to renounce their intention to divorce, the court may, having regard to circumstances, dismiss them giving a cooling period of not more than three months.

Article 79. – Re-application.

1) Where the spouses did not change their intention to divorce within the cooling period given to them under Article 78 (2), they may re-apply to the court to approve their agreement to divorce within six months from the last date of such cooling period.

2) Notwithstanding the six months time limit provided in Sub-Article (1) of this Article, nothing shall prevent the spouses from submitting a new petition for divorce.

Article 80. – Approval of Divorce by Mutual Consent.

1) The court shall approve the divorce agreement only when it believes that the arrangement is the true expression of the intention and free consent of the spouses and is not contrary to law morality.

2) The court shall also approve the conditions of the divorce agreed between the spouses together with the divorce agreement.

3) Notwithstanding the provisions of Sub-Article (2) of this Article, where the agreement of the spouses on the conditions of divorce does not sufficiently protect the interest and well being of their children, or, where it adversely affects the interests of one of the spouses, the court may approve only the divorce agreement and give decisions it may deem appropriate to correct the defects on the conditions of divorce.

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