Divorce by mutual agreement is a viable choice for couples who have reached the realization that their marriage has reached its conclusion. This approach, commonly referred to as Divorce by Mutual Agreement (DMA), enables couples to separate amicably without assigning blame or pointing fingers for the dissolution of their relationship. Thanks to this amendment to the Women’s Charter, individuals now have the option to pursue divorce in a more considerate manner, without the need to rely on conventional grounds such as adultery, desertion, or unreasonable behavior.
In order to utilize DMA, couples are required to present the court with an explanation for the breakdown of their marriage and demonstrate sincere efforts to reconcile. It’s important to show that both parties have carefully considered the decision.
DMA and Judicial Separation
If you’ve been married for less than three years, DMA can also be a way to separate without assigning blame or waiting for the three-year mark to file for divorce in a professional manner. This option can be particularly beneficial if you prefer to avoid pursuing a separation based on fault, which can lead to a more amicable process.
What You Need for a Divorce by Mutual Agreement
In order to depend on DMA, there are several prerequisites:
– A minimum of three years of marriage is required.
– It is important to have a written agreement that acknowledges the irretrievable breakdown of your marriage. This agreement should include:
- The reasons you have both come to this conclusion,
- The steps you’ve taken to reconcile, and
- How to effectively handle financial matters and address the needs of any children.
The court will thoroughly examine your agreement. If your reasons are deemed valid, the divorce will proceed. If there is a possibility of reconciliation, they might propose additional steps to salvage the marriage.
Common Reasons Mentioned in DMA
Couples who choose DMA often provide reasons such as:
- Variations in values, culture, or religion,
- Frequent conflicts or miscommunications,
- A decline in affection or closeness, or
- Drifting apart and no longer envisioning a future together.
Sharing Accountability for the Breakdown
One important aspect of DMA is that both spouses share equal responsibility for the breakdown of their marriage. This approach helps to create a more amicable process and is accessible to couples following either the simplified or normal tracks, as long as they are not disputing the divorce itself.
Utilizing Mediation and Other Dispute Resolution Approaches
When it comes to important matters such as child arrangements, division of property, and financial support, it is highly recommended to consider mediation and other Alternative Dispute Resolution (ADR) methods. These strategies can assist couples in collaborating to reach equitable resolutions without unnecessary discord.
Advantages of Divorce through Mutual Agreement
DMA is especially advantageous for couples who want to sustain a co-parenting relationship following their divorce. By promoting collaboration, it contributes to maintaining a courteous and efficient relationship, particularly when children are part of the equation.
Co-Parenting Programme Requirement
Starting from July 1, 2024, couples with children who opt for the Simplified Track for DMA will need to participate in a Co-Parenting Programme (CPP). This program is designed to assist parents in effectively preparing for their new roles and responsibilities after a divorce, ultimately leading to a more seamless transition for all parties involved.
A Considerate Approach to Divorce
Divorce through mutual agreement promotes a sense of professionalism, fostering a climate of introspection and careful deliberation. With a strong emphasis on effective communication and collaboration, our goal is to facilitate a seamless divorce process, enabling couples and their families to progress with mutual respect and empathy.
