Thinking of Divorcing? Here’s Where to Start!

Deciding to divorce is seldom straightforward. From navigating administrative processes and financial implications to handling emotional stress, being well-informed is crucial. The first challenging step in initiating a divorce is discussing it with your spouse to reach an understanding, whether mutual or not. Following this, it’s essential to schedule an appointment with a lawyer. “We strongly advise being supported by a lawyer from the start, even when other professionals like notaries, who can also advise on financial aspects of the divorce, are involved,” state Attorneys Walid-Zidane Gouli and Suzan Okar.

Then, collecting several documents in advance can help avoid complications: personal documents (marriage certificates, family record books, etc.), financial records (statements from all bank accounts, tax returns, copies of loan agreements, etc.), property documents (detailed inventory of jointly and individually owned assets and their recent valuations, etc.), and documents concerning children. “In the case of at-fault divorce, it’s possible to compile a file with evidence that can prove the fault, including copies of any communications between the spouses,” add the lawyers.

To make the process of divorce smoother, there are two basic principles: “planning and communication between the spouses — when possible. These can help make this transition more serene,” they note. The choice between an amicable or contentious divorce procedure will depend on the relationship between the spouses. “An amicable divorce, officially known as ‘divorce by mutual consent with lawyers’ signed agreement,’ requires each spouse to hire their own lawyer. This is followed by exchanges between the lawyers to draft the divorce agreement before presenting it to the spouses. Upon receipt, the spouses must observe a mandatory reflection period of fifteen days. Once signed by all parties — including the lawyers — the agreement is submitted to a notary who, within two weeks, must register it officially, granting it its binding force.” On the other hand, “a contentious divorce can last for years and is generally more expensive than the amicable route.”

Once the divorce is finalized, there are important steps not to overlook such as asset management (ensuring the division of assets as stipulated in the judgment or agreement is carried out, including planning the sale of shared assets if necessary), child custody, and personal and financial reorganization (changing your surname if necessary, updating your address, filing tax returns, updating your ID, setting up new bank accounts, etc.). Regarding child support, the parent must pay particular attention to making these payments, as failing to do so can lead to criminal penalties.