You both agree to divorce and on its consequences? Divorce by mutual consent is the quickest and most peaceful route provided by the Senegalese Family Code. It is nevertheless subject to strict conditions, which the judge checks.
The conditions
Each spouse’s consent must be free, informed and free from defects. It covers not only the end of the marriage, but also the division of property and the arrangements for the children (article 158 of the Family Code). The spouses settle these questions freely, subject to public policy: everything relating to the maintenance, custody, education and safety of the children is checked.
The procedure
- Both spouses appear together and in person before the judge of their domicile (article 159). The Code refers to the “juge de paix”: since Law no. 2014-26 of 3 November 2014, this role is performed by the president of the tribunal d’instance.
- They hand in the marriage certificate, the family record book and the children’s certificates, together with a declaration listing their assets and settling custody, parental authority and the contribution to the children’s maintenance.
- The judge hears the spouses, checks their consent and the lawfulness of the agreement. If satisfied, the judge gives judgment on the spot; otherwise, the spouses are invited to amend their agreement.
Points to watch
- Personal attendance of both spouses is required: if one lives abroad, the trip must be organised.
- An asset omitted from the inventory will be divided according to the rules of the matrimonial regime.
- For a French spouse, the judgment must then be checked by the public prosecutor in Nantes before being recorded on his or her French records.
How we help
Legal Field Avocats drafts the declaration settling property and children, checks that the judge will accept it, assists you at the hearing and prepares the recognition of the divorce in France with FB AVOCAT, our correspondent law firm.
An amicable divorce to prepare? Call us on +221 33 844 29 16.
Sources: Senegalese Family Code, articles 157 to 164; Law no. 2014-26 of 3 November 2014.
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LEGAL FIELD AVOCATS
14 rue Woro Fila, Fann Hock, Dakar, Senegal
Phone: +221 33 844 29 16
Email: contact@fbavocat-sn.com
Our correspondent law firm in France:
FB AVOCAT
11 rue Galin, 33100 Bordeaux, France
Phone: +33 9 85 40 18 64
Email: contact@legalfb-avocat.fr