Divorce procedure
Legal context
List the divorce request, children, support, costs and any property terms separately. Identify the currency, dates, payment method, enforcement location and obligations requiring an additional document. Do not use a broad waiver to conceal unresolved rights. A signed private arrangement and a court-approved settlement can have different effects; test the wording against the intended legal route in each country.
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.