In which country should you file for divorce?
If you are in a mixed union, the choice of the country in which you wish to divorce depends on several factors. The legal factor is the main deciding one, but personal considerations may also be taken into account.
Our advice will be guided by a concern for effectiveness, so that your divorce is recognised and accepted abroad: for example, there is no point in obtaining a divorce in your country of origin if that divorce is not accepted in your country of residence. Our expertise in this area will help you avoid what are known as ‘limping divorces’.
Divorce in Tunisia
Which authority is competent to grant a divorce in Tunisia?
Only the courts can dissolve the marriage bond. No other authority, whether administrative or religious, is authorised to do so.
Can spouses separate by authentic instrument or private deed in Tunisia?
Tunisian law only permits judicial divorce. A deed drawn up in Tunisia has no effect on the marriage.
In which cases can the divorce of a mixed couple be brought before the Tunisian courts?
The Tunisian courts do not have general jurisdiction over all divorce cases, and the fact that one of the spouses is Tunisian does not, in itself, give the Tunisian courts jurisdiction. Determining this jurisdiction is a decisive and crucial issue for the proceedings. The defence strategy on this point will save considerable time and resources.
What grounds can justify a divorce in Tunisia?
The answer to this question itself depends on another question: which law governs the divorce. Indeed, the fact that a Tunisian court has jurisdiction to hear the case does not mean that it will apply Tunisian law to resolve the dispute. The applicable law must therefore be determined beforehand: this is a step of crucial importance.
Two scenarios may arise: either Tunisian law applies, or the foreign law of your country of residence or of your nationality applies. We will defend your interests by choosing the law that best safeguards them.
If Tunisian law applies to your divorce, it is important to know that there are three grounds for divorce:
- divorce by mutual consent: it can only be granted if both spouses accept the principle of the divorce. The judge verifies the integrity of the consent. This type of divorce does not give rise to any compensation;
- divorce for harm (fault-based divorce): the applicant spouse must prove wrongful conduct on the part of the other spouse, such as violence. This type of divorce gives entitlement to compensation for material and moral damage;
- divorce at the unilateral request of one of the spouses: the spouse requesting the divorce does not have to give reasons for the request; their will alone is sufficient. However, the marriage is not dissolved by the will of the applicant: it is dissolved by the judgment granting the divorce. The respondent spouse is entitled to compensation set by the judge.
What is the divorce procedure in Tunisia, and how long does it take?
All divorce proceedings include a mandatory conciliation stage. The length of the proceedings varies according to several factors, such as whether or not the respondent appears, the presence of children, the ground for divorce or whether any appeals are brought.
Divorce abroad
If your marriage has been dissolved abroad, that divorce only has effect in Tunisia if it is recognised there by the Tunisian authorities.
Important: being divorced abroad does not mean that you are divorced in Tunisia. You will only be so if you apply for, and obtain, the registration (transcription) of the foreign judgment in the Tunisian civil status registers. This requires a specific procedure, which our expertise can make easier for you. In particular, we advise you to make sure that you obtain the registration of the divorce in Tunisia so that you can enter into a new marriage there.
How long does the procedure for registering the foreign marriage in the Tunisian civil status registers take?
There are procedural routes that make it possible to obtain registration within a short time, but the procedure can sometimes take several months. We will advise you so that you obtain registration as quickly as possible.
What documents do you need to prepare?
You must provide proof of the divorce and evidence that it is effective in its country of origin.
Is a divorce by private instrument accepted in Tunisia?
That depends on the nature of the divorce, on whether the rights of the parties are safeguarded and on a review confirming that it does not conflict with Tunisian international public policy. The French divorce by private deed (acte sous seing privé) and the Italian divorce before the civil registrar are accepted in Tunisia.