Before embarking on divorce in Tunisia it is important to know which documents you will require before you start. Governed by the Code of Personal Status (1956), Tunisia has outlined a series of
progressive family laws regarding divorce. Depending on the type of divorce, certain documents must be submitted to initiate proceedings, as well as supporting claims, such as child custody and asset division, as stipulated in the Code of Personal Status.
Here we will outline the documents required for divorce in Tunisia and how experienced family lawyers can assist in simplifying the divorce proceedings.
Tunisia recognises three types of divorce, which is significantly more advanced compared to other Muslim-majority countries. The Personal Status Code (1956), means that Tunisia is perceived as being progressive in its approach to family law and divorce proceedings. The types of divorce that are recognised are as follows:
Divorce by Mutual Consent
Divorce by mutual consent (Divorce par consentement mutuel) involves proceedings initiated by both spouses, who have jointly agreed to end their marriage. This is the,most straightforward type of divorce in Tunisia. For mutual consent proceedings, both spouses will need to present a written request for divorce and agreements on parental responsibilities, maintenance, and property division.
Divorce at the Request of one Spouse
Known as a unilateral or no-fault divorce, a divorce can be initiated by one spouse in Tunisia. The spouse that files for divorce does not need to provide any reason for their request.
Divorce by Harm
In Tunisia, divorce based on harm is the most legally complex and lengthy process and can be initiated if the marriage has become incompatible due to factors such as abuse, neglect, abandonment, adultery, or an irretrievable breakdown of communication.
The Documents Required
If you decide to divorce in Tunisia, an application must be submitted to the Tunisian courts outlining the intention to start the divorce process. The court will review this petition with both spouses present and will decide to finalise the divorce. To begin divorce proceedings, you will need to submit a dossier of documents to obtain a final decision. The documents are designed to help determine the splitting of assets, including financial, property, and custody of any children.
Core Documents required Divorce in Tunisia
The primary document is the written divorce petition, which is a formal request toTunisian courts to begin the proceedings. Regardless of the type of divorce, such as mutual consent versus fault-based, the written request serves as the foundation of the process and can significantly impact the outcome.
Other required documents include:
Marriage certificate: Proving that the marriage is legal and recognised under Tunisian law.
National ID cards or passports: Confirming the identity of both spouses, which may impact cross-border proceedings.
Birth certificates: Required to validate civil records.
Proof of residency: To confirm where the parties inhabit to confirm that they are within the court's jurisdiction. Where there are children of the marriage this can complicate the division of assets. Decisions must be taken on who will have primary care of the children and other responsibilities and also whether financial support is required. The documents required are:
Birth certificates of minor children: Required to establish the children's legal relationship to the divorcing couple.
Agreements on custody, maintenance, and parental responsibilities: In divorce by mutual consent, the couple must include provisions regarding where the children will live, financial support, and visitation rights in the written petition.
Education and/or health records: May be required in contested divorces to enable the judge to assess the best interests of the children involved.
If Financial Support is Claimed:
Proof of income and employability: This may include wage slips, employment contracts, or tax returns to determine how much each spouse can pay or whether they need maintenance.
Bank statements or records of assets: To help calculate appropriate financial support or asset division, evidence of savings may be required by the court to enable a final decision to be made.
Cross-Border Divorces
Even if you are not Tunisian by birth, the Tunisian legal system gives both spouses the equal right to file for divorce, regardless of nationality or gender. Factors that may determine where the divorce is processed include the location of any children's residence, how long the couple resided in Tunisia, and where the couple has the "closest connection".
Consular certificates or attestations: Foreign nationals may require their embassy to confirm their civil status.
Legalised or apostilled documents: Foreign documents issued outside Tunisia should be legalised so that Tunisian authorities recognise them as valid.
Certified translations: Documents not in Arabic or French must be translated by an authorised translator recognised by Tunisian courts.
After assessing all documentation and the circumstances of the proceedings, the court will reflect on the outcome after a period of two months. They will use this time to decide on all factors surrounding the divorce. After Tunisian courts make a decision, a divorce judgment (final decree) will be issued. Due to the potential legal issues to arise, instructing experienced family lawyers are highly recommended throughout every stage of Tunisian divorce proceedings.
If you are seeking a divorce in Tunisia, discuss your circumstances with Giambrone and Partner's multilingual and multi-jurisdictional lawyers.
After the divorce is finalised, documents may require further authorisation to be used outside of Tunisia, for example, remarriage, immigration, custody enforcement, or asset division. Certain documents may need to be notarised to validate, showcasing that Tunisian authorities officially recognise the signatures and seals.
As Tunisia is a member of the Hague Apostille Convention, documents that are apostilled during divorce proceedings will be accepted by other member states (such as the United Kingdom). For countries that are not members of the international organisation, Tunisian divorce documents will need to be taken to the foreign embassy for legalisation.
It is advised that you should seek legal advice from a Tunisian family lawyer, particularly if you are a foreign national, during divorce proceedings in Tunisia. Legal representation can give you complete clarity regarding the differing legal systems and laws, ensuring that you understand what is expected of you and the estimated timeframes. Additionally, expert family lawyers will help ensure you have the required Tunisia divorce documents and ensure that the court recognises them. Giambrone and Partners is an international law firm that specialises in cross-border matters in a range of jurisdictions. Our experienced divorce lawyers in Tunisia advise foreign clients on the proceedings and provide bespoke solutions based on your specific circumstances.
An individual can appeal the court's decision on divorce, even after Tunisian courts issue the divorce decree, it is not always the final outcome. An appeal can be brought if there are legal or procedural grounds, such as irregularities or misinterpretation of facts. However, a spouse cannot appeal a divorce solely because they do not want the marriage to end.
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The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
