Divorce by mutual agreement has now become the sixth fact for divorce. Married couples who agree their marriage has irretrievably broken down can now cite mutual agreement as the reason for divorce.
This empowering option is available through Divorce by Mutual Agreement (DMA), which allows couples to divorce without specifically blaming one party.
This amendment to the Women’s Charter will enable couples to divorce without citing the existing grounds for divorce: adultery, desertion, unreasonable behaviour, and separation for three years with consent and four years without consent as reasons for the breakdown of the marriage.
To cite DMA as a fact, parties must provide the court with reasons to conclude that their marriage has irretrievably broken down, and show that they have made efforts to reconcile.
DMA and Judicial Separation
If couples married for less than three years are unable to annul their marriage and prefer not to pursue a fault-based separation, they can use the new 6th fact of Divorce by Mutual Agreement to be judicially separated.
This option enables couples to end their marriage amicably without assigning blame, emphasizing the irretrievable breakdown of their relationship and addressing ancillary matters now rather than waiting until three years of marriage have passed.
What are the requirements of DMA?
To rely on DMA as a fact for divorce, the following requirements must be fulfilled:
- Parties must be married for at least 3 years – the general restriction on filing for divorce during the first 3 years of marriage still applies to DMA.
- Parties must have a written agreement (the “Agreement”) that the marriage has irretrievably broken down that includes:
- The reasons that led Parties to conclude that their marriage has irretrievably broken down;
- The efforts that Parties have made to reconcile; and
- The consideration that Parties have given to the arrangements to be made about their financial affairs and any child of the marriage.
The Court will only accept the agreement if it is satisfied with the Parties’ reasons or if it finds that there is a reasonable possibility of reconciliation.
What are some reasons that can be used in DMA?
Examples of the reasons for the breakdown of the marriage that can be cited by Parties relying on DMA include:
- Having vast differences in values, culture & religion;
- Being unable to see eye-to-eye;
- Having constant misunderstandings;
- No longer having any love for each other (i.e. lack of intimacy); and
- Growing apart and being unable to see their lives together in future.
Joint Responsibility in DMA
Under DMA, both spouses take joint responsibility for the breakdown of their marriage. If they are not contesting the divorce, those divorcing may use this method under both the simplified and normal tracks.
Divorce by mutual agreement (DMA) may be cited by couples divorcing under the simplified track and those on the normal track if they are not contesting.
Using Alternative Dispute Resolution (ADR) Approaches for DMA
As parties are encouraged to work towards the resolution of the ancillary issues (e.g., division of matrimonial home, maintenance, and child arrangements), ADR approaches such as pre-writ negotiations, collaborative family practice, and mediation are strongly recommended.
Parties can use either one of these approaches to record their agreed terms in a formal written agreement.
Benefits of DMA
Divorce by mutual agreement, a key feature of DMA, is particularly advantageous for couples who continue to co-parent after divorce. It fosters a cooperative relationship, essential for the ongoing interaction required in co-parenting situations.
DMA and Co-Parenting
DMA provides an opportunity for a divorce process free from acrimony. This is especially important when children are involved, as parties will need to maintain a functional relationship to co-parent effectively.
Mandatory Co-Parenting Programme
Starting from July 1, 2024, couples opting for the Simplified Track in DMA will be mandated to attend the Co-Parenting Programme (CPP). This programme plays a crucial role in preparing couples for effective co-parenting post-divorce.
All couples with minor children must complete the CPP before filing for divorce, regardless of whether they have reached an agreement on these issues.
Reflection
DMA ensures that couples reflect on their decision comprehensively by requiring a detailed agreement that addresses the reasons for the marriage’s breakdown. This framework simplifies the divorce process and aligns with the goal of maintaining harmony and respect in familial relationships post-divorce.
We’re here for you
We aim to ensure that your divorce case goes smoothly and as efficiently as possible.
Reach out to us if you require more information about the new legislation regarding divorce by mutual agreement.
