Divorce by mutual consent in the Dominican Republic: requirements and steps

What divorce by mutual consent is

Divorce by mutual consent is the route provided by Law 1306-bis of 1937 for spouses who agree to end their marriage and settle its consequences without litigation. Rather than proving a cause, the spouses present the court with an agreement — the deed of stipulations and agreements (acto de estipulaciones y convenciones) — covering child custody, support, use of the home, and the division of assets.

Who can apply

The law requires that both spouses consent freely. Traditional rules set minimum requirements for the length of the marriage and the age of the spouses, which should be verified against the text currently in force before proceeding, since the law has been amended on several occasions.

Foreign spouses may use this route in the Dominican Republic under the conditions the law itself sets for divorce between foreign nationals, and Law 544-14 on private international law determines when Dominican courts have jurisdiction. This is a question that must be reviewed case by case, especially if the judgment is to be relied upon in another country.

Documents needed

• Marriage certificate; if issued abroad, apostilled or legalized and translated into Spanish by a certified court translator.
• Birth certificates of minor children.
• Identity documents or passports.
• Inventory of shared assets and debts, if any.
• Special power of attorney, when one spouse will not appear in person.

How the procedure unfolds

1. Deed of stipulations. The spouses execute the agreement before a notary, setting out the terms of the divorce.
2. Application to the court. The attorney files the application with the competent court of first instance.
3. Hearing. The judge verifies consent and the regularity of the agreement, usually in a single hearing.
4. Judgment. The court grants the divorce and approves the stipulations.
5. Pronouncement. Within the legal deadline, the divorce is pronounced before the Oficial del Estado Civil (civil registry officer) and recorded in the margin of the marriage certificate. Without this step, the divorce has no effect against third parties.

Effects

Once pronounced, the divorce dissolves the marital bond, liquidates the marital estate in accordance with the agreement, and fixes the arrangements concerning the children, which the family court may later revise if circumstances change.

Validity abroad

To rely on the Dominican judgment in another country, it is usually necessary to apostille it and, depending on the country, initiate a recognition procedure. It is advisable to plan for this step from the outset if one of the spouses resides abroad.