Divorce contract by mutual consent

In some instances, the couple can reach a mutual agreement and conveniently define the terms of a divorce without any bad blood. The legal process of a divorce involves issues such as child custody and support (in case there are children from the marriage), spouse support, property distribution, etc. 

Generally, the law moderates a divorce process and divorce laws vary from country to country. This gets even more interesting in the United States considering that marriage and divorce are under the jurisdiction of state governments and not the Federal government. Dissolving the marital bond between a couple has to be authorized by a state judge. Divorce laws in the United States vary for different states. 

In a state like California, a divorce is very much easy when mutual consent has been reached. The couple only has to apply for a summary divorce. The summary divorce is also referred to as a simple divorce and it is a relatively easy as it doesn’t involve a judge or any long proceedings. The requirements for a Summary divorce according to the state of are that 

“You and your spouse:

Have been married for less than 5 years (from the date you got married to the date you separated);

Have no children together born or adopted before or during the marriage (and you are not expecting a new child now);

Do not own any part of land or buildings;Do not rent any land or buildings (except for where you now live, as long as you do not have a 1-year lease or option to buy);

Do not owe more than $6,000 for debts acquired since the date you got married (called "community obligations");

Have less than $45,000 worth of property acquired during the marriage (called "community property");

Do not have separate property worth more than $45,000;

Agree that neither spouse will ever get spousal support;

AND Have signed an agreement that divides your property (including your cars) and debts.”

Also, with regards to community property (joint property of couple), some states do not use a community property system. On the other hand, states like California, Louisiana, Texas, New Mexico, and some others have provisions for community property. In Alaska, a couple with mutual consent to their divorce also can reach resolutions on community property by a written agreement. According to Alaska state laws, an uncontested divorce is referred to as a Dissolution of Marriage. 

Maryland also has an interesting divorce requirement. For a court to grant a couple that has given mutual consent a divorce, the couple is required to live separately for at least a year. Although, this has not been strictly adhered to in recent times. A couple living together may be able to file a divorce without having to separate for a year if both parties have consented to the divorce. This new ground for divorce in Maryland was granted in 2015 and is called the “Mutual Consent” divorce.

There are, however, also requirements for a mutual consent divorce in Maryland: The couple should not have any children together; the couple must have signed a Marital Settlement Agreement; both spouses should not ask the court to set aside the Marital Settlement Agreement before the divorce hearing; and both spouses must be at the uncontested divorce hearing. The provision of divorce by mutual consent states;

A husband and wife may make a valid and enforceable deed, agreement, or settlement relating to alimony, support, property rights, or personal rights.

These types of agreements shall not be a bar to an action for absolute divorce or limited divorce, regardless of whether the deed or agreement was executed, when the parties are living separate or apart or before, after, or while there is a ground for divorce.

In a suit for absolute divorce on the grounds of voluntary separation, a separation agreement is full corroboration of the Plaintiff's testimony that the separation was voluntary if the agreement states that the spouses voluntarily agreed to separate and is executed under oath before the application for divorce is filed.

Divorce by mutual consent has also gained some grounds in Europe. In 2017, France adopted a divorce by mutual consent law that no longer needed the approval of a Judge. Once a couple has offered mutual consent to go through a divorce, both spouses only have to make a contract which is signed both spouses and their lawyers respectively. Matters relating to divorce, legal separation and marriage annulment are highlighted in Articles 3 to 7 of the Brussels II Regulation. In the event that the jurisdiction of the French courts is not established in accordance with the provisions set out in the Brussels II Regulation, alterative provisions are catered for by Article 1070 of the FCCP.

Once all the necessary parties have signed, the agreement then has to be signed by a notaire, which then makes the divorce legal and fully enforceable by law. 

In England and Wales, on the other hand, divorce is not as easy. Before a couple can get a divorce, the couple needs to prove that the marriage has broken down either due to adultery, desertion, unreasonable behavior or the couple has lived apart for over 5 years (in cases of divorce without mutual consent). Also, in a case whereby the couple mutually consents to the divorce, the couple must have lived apart for at least two years before they can get a divorce according to the Divorce Reform Act of 1969. These strict divorce conditions have sparked several reactions from people who believe this law should be reviewed. Baroness Hale, a senior judge in the UK once described the divorce laws of the UK as "confusing" and "unjust".

References

https://www.hg.org/divorce-law-alaska.html

http://www.courts.ca.gov/selfhelp-divorce.html 

https://uk.practicallaw.thomsonreuters.com/...

http://www.linnitts.co.uk/family-law/divorce/guide-to-divorce 

https://www.bbc.com/news/uk-43882061