What is an agreement for a mutual divorce?

An Agreement for a Mutual Divorce, or sometimes referred to as a “consent divorce,” is an agreement between two parties to end their marriage without a court hearing. Both parties must agree to all terms before a divorce can be granted. In Hawaii, an agreement for a mutual divorce must include the marital settlement agreement, a signed and acknowledged separation agreement, and a proposed divorce decree. The marital settlement agreement outlines any arrangements between the spouses in regards to the division of property, alimony, child support, custody, and other financial obligations. The separation agreement outlines how the divorcing parties will live separate and apart, and the divorce decree outlines the terms of the divorce. It is important that all agreements are in writing so that they can be enforced by the court. Both parties must also sign the agreement, and it must be notarized or witnessed in order to be valid. It is also important for both parties to obtain independent legal advice before signing such an agreement, and to have a witness present at the signing of the agreement. In Hawaii, a mutual divorce agreement must be approved by the court before the divorce can be finalized. The court will review the agreement to make sure it meets legal requirements, such as making sure that both parties are in agreement on the terms of the divorce. Once the court approves the agreement, the divorce can be finalized and the parties will be legally divorced.

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What is an agreement for a mutual divorce?

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