What is mutual consent divorce?
When the spouses agree on all the consequences of their separation, they can choose this fast and peaceful procedure. It avoids litigation and preserves family relationships — particularly important when children are involved.
Mutual consent divorce is based on a written divorce agreement signed by both spouses, covering:
- the residence of each spouse during and after the procedure
- child custody arrangements
- child support
- any alimony between (ex-)spouses
- the division of assets (movable property, real estate, accounts, debts)
The mutual consent divorce procedure
1. Drafting of the agreement by your lawyer (in consultation with you and your spouse)
2. Inventory of assets if real estate or complex wealth (notary)
3. Filing of the petition with the registry of the Family Court
4. Written appearance (since 2018, unless the judge specifically requests otherwise — you no longer have to appear in person in most cases)
5. Divorce judgment issued within a few months
6. Transcription in the civil registry
How long does it take?
Timelines vary depending on case complexity and the availability of the Brussels Family Court. During the first consultation, Mrs. Satti will provide a realistic estimate of timelines specific to your situation.
How much does it cost?
Costs vary according to the complexity of the case (presence of minor children, real estate, debts). A transparent estimate is provided from the first consultation.
How Sarah Satti can help you
- Analysis of your situation and personalized advice
- Drafting of the divorce divorce agreement
- Negotiation with your spouse or their lawyer
- Representation before the Family Court
- Follow-up until the final transcription of the divorce
About Sarah Satti: lawyer at the Brussels Bar primarily practising family law, she regularly handles mutual consent divorce procedures before the Family Court of Brussels.
FAQ
Is mutual consent divorce only for childless couples?
No. It is perfectly possible with children — the agreement will precisely settle custody, residence and child support.
Do both spouses need a single lawyer?
You can choose a single lawyer to jointly draft the agreement, or each have your own lawyer. The second option is often recommended if there is significant wealth.
What happens if one spouse changes their mind?
The procedure can be converted into a contested divorce (irretrievable breakdown), or simply abandoned.
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