Where partners file a joint divorce petition or one partner agrees to a divorce petition filed by the other partner, the court dissolves the partnership without identifying the causes of partnership breakdown if it concludes that the partners’ concurring claims that the partnership has broken down and that they wish to divorce are true.
In order for a divorce not requiring the identification of the causes of partnership breakdown to be granted, the following conditions must also be met:
- on the date on which the divorce proceedings are initiated, the partnership has lasted for at least 1 year and the partners have been separated for longer than 6 months;
- partners who are parents of a minor not having legal capacity have agreed on the arrangements for that child following the divorce and the court has approved their agreement;
- the partners have agreed on arrangements for their property, housing and, where appropriate, maintenance following the divorce.
An agreement on arrangements for a minor child and an agreement on property arrangements must be drawn up in writing and the signatures must be authenticated.