Three forms of divorce in Tunisia
Under the Personal Status Code, divorce can only be granted by a court: by mutual consent, at the request of one spouse for harm suffered, or by the unilateral wish of one spouse.
The procedure
The case starts with a petition to the family judge of the court of first instance. Mandatory conciliation hearings are held and the judge may order interim measures on residence, maintenance, custody and visiting rights.
Child custody
The judge always rules in the best interests of the child. The non-custodial parent must still contribute to the child’s upkeep.
Frequently asked questions
How long does a divorce take?
Divorce by mutual consent is usually the fastest, typically a few months. A contested divorce can take considerably longer depending on the court and any appeals.
Who gets custody of the children?
The judge decides case by case in the child’s best interests; custody is never automatic.
Is a lawyer mandatory?
Legal assistance is strongly recommended, especially in a divorce for harm, to protect your financial interests and those of your children.
