The role of the lawyer in the amicable divorce procedure under Algerian law
What is an amicable divorce?
Amicable divorce, also known as divorce by mutual consent, is a divorce procedure in which both spouses decide to end their marriage in a friendly and cooperative manner. Both spouses agree on all aspects of the divorce, including the division of assets, child custody, alimony, and other relevant issues. Unlike contentious divorce proceedings where spouses may disagree on multiple points, amicable divorce is based on mutual agreement.
What are the advantages of amicable divorce?
Amicable divorce offers the following advantages:
- Simplified procedure: faster and less expensive than contentious divorce as the spouses agree on the terms;
- Minimal involvement of lawyers: although each spouse typically has their own lawyer, the involvement of lawyers, and therefore their fees, is less intensive than in contentious divorces;
- Reduced emotional impact: less stressful and emotionally taxing than contentious proceedings;
- Relationship reconciliation: facilitates the preservation of future relationships between spouses, especially in cases involving child custody.
What is the role of the Algerian family law specialist lawyer in the amicable divorce procedure?
The feasibility of amicable divorce remains contingent on the spouses’ ability to collaborate. Hence, the role of the lawyer specialized in amicable divorce is to facilitate the separation process in a consensual and legally valid manner. Here are the main aspects of the lawyer’s role in the context of amicable divorce in Algeria:
- Legal advice: providing spouses with information on the legal implications of divorce, the rights and obligations of each party, as well as legal aspects related to the division of assets, child custody, and alimony.
- Drafting the agreement: i.e., the document detailing the agreements reached between the parties.
- Preserving interests: ensuring that each spouse’s interests are properly preserved in the divorce agreement. They also ensure that the terms of the agreement are fair and compliant with Algerian legislation.
- Preparation of legal documents: the specialized lawyer prepares all necessary legal documents before submitting the request for amicable divorce to the competent court. They ensure, possibly with the notary, that the documentation is complete and compliant with legal requirements in Algeria.
- Filing the request for amicable divorce: as Algerian family law only recognizes divorce pronounced by the judge, it is the lawyer’s responsibility to file the request for amicable divorce with the competent court in Algeria.
- Representation during the hearing: although the amicable divorce procedure is simplified, Algerian law requires a divorce pronouncement hearing.
The family law specialist lawyer thus plays an important role in the amicable divorce procedure in Algeria.
TOUALBI Issam
Mawyer Mediation Advisor
Specialized Legal Advisory Firm in Amicable Dispute Resolution Methods
59 Appremont, Rostomia, Bouzareah, Alger 16000.
(00213) 773.36.91.43
contact@toualbi-avocat.net