Divorce procedure
Legal context
A suitable mandate can let counsel perform many procedural tasks, but it does not remove every personal-attendance requirement. For the consensual route under Article 166(3), the judge must hear both spouses personally. Obtain a case-specific participation plan before booking travel. Residence abroad, remote communication with counsel and permission for a court hearing by another method are distinct issues.
Uncontested and contested divorce follow different evidence and attendance rules.
An uncontested divorce under Article 166/3 requires a marriage of at least one year, a joint application or acceptance, freely expressed declarations before the judge and an approved arrangement covering the financial consequences and children. A signed protocol alone does not end the marriage, and a lawyer cannot replace the spouses’ personal judicial declarations.
A contested divorce requires material facts, a legally recognised ground, lawful evidence and precise requests. Interim arrangements for safety, the family home, children and maintenance should be considered at the beginning. A foreign address adds international service and often extends the timetable.
Prepare for a consultation
Bring the latest court papers, proposed agreement and dates of any existing hearings.
- Prepare a one-page timeline and list of existing proceedings.
- Separate immediate needs from final financial and parenting arrangements.
- Discuss representation, attendance and international service.