
When a marriage comes to a divorce situation, the ideal scenario is that this divorce takes place by mutual agreement without having to go through litigation. This has many advantages for both parties, saves problems and costs, and is always less emotionally painful than litigation.
Divorcing by mutual consent is simple and easy, and to carry out this type of divorce it is not necessary to undertake large proceedings or to have to go to trial. To carry out a divorce by mutual agreement it will only be necessary for the parties to file the divorce petition with the corresponding regulatory agreement and for the parties to ratify before the court their agreement to legally divorce.
The process is quicker and less costly than the contentious process. It also allows the parties to be represented by the same lawyer and assisted by the same solicitor, with the consequent cost savings that this entails.
Once the mutual petition for divorce has been ratified by both parties, the marriage will be dissolved. However, if either of the parties withdraws just before the ratification of their intention to divorce, the divorce by mutual consent would not be applicable and the contentious litigation would be applicable.
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