Pravo (Oct 2019)

DIVORCE BY MUTUAL AGREEMENT AND NOTARY

  • Tanja Mitrović S.

DOI
https://doi.org/10.5937/ptp1907056m
Journal volume & issue
Vol. 36, no. 7-9

Abstract

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Divorce by mutual agreement is subject to a court procedure, but in most countries a notarial procedure is applied in the case of a consensual divorce. In this article, the topic of discussion is a conventional divorce, which is characterized by the fact that the dissolution of marriage is solely the result of the consensual will of two spouses. In our legislation, a con sensual divorce is not entrusted to notaries. The aim of this paper is to outline the advantages and limitations of a divorce proceedings with notaries, and what the rights and obligations of notaries are in the event of solving such disputes. Also, the paper presents the postulates of divorce by a notary public in the practice of Great Britain, so that the best practice can be taken over and successfully implemented in the legal system of our country.

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