Where spouses file a joint divorce petition or one spouse agrees to a divorce petition filed by the other spouse, the court dissolves the marriage without identifying the causes of marital breakdown if it concludes that the spouses’ concurring claims that the marriage has broken down and that they wish to divorce are true.
In order for a divorce not requiring the identification of the causes of marital breakdown to be granted, the following conditions must also be met:
- on the date on which the divorce proceedings are initiated, the marriage has lasted for at least 1 year and the spouses have been separated for longer than 6 months;
- spouses 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 spouses 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.