Divorce can be initiated based on the grounds that the marriage has irretrievably broken down. The courts accept this assertion immediately when stated by one or both parties. Importantly, no blame is apportioned to either party, and the reason for the divorce typically does not affect the settlement.

Jointly or unilaterally
Whether divorce is petitioned jointly by both spouses or unilaterally by one, one of the most challenging aspects is the division of marital property. Questions arise about how assets and debts should be divided, and what constitutes private versus communal property. Under the universal community of property regime, both spouses are entitled to an equal share of all property acquired during the marriage, including assets and debts.

Mediation
Mediation provides an alternative route for spouses to reach a negotiated settlement without resorting to court proceedings. It begins with both parties expressing a willingness to engage with each other and discuss their interests and concerns. The mediator facilitates this process, helping parties identify conflicting and common interests. This approach often leads to mutually agreeable solutions, which can reduce future conflicts and benefit any children involved.

Our experienced legal team is here to guide you through the complexities of divorce, whether through traditional proceedings or mediation, ensuring that your rights are protected and that you can move forward with confidence.