Consensual separation by public deed

If you and your spouse agree that you want to separate, you can do it by a public deed. The court must authorise the separation. This page explains how it works. Article numbers refer to the Civil Code, and “regulations” refers to the Family Court Proceedings Regulations, 2026.

How it works

1. You agree the terms. You can do this between you and your advocates, or with the help of a mediator. Our advice is that each spouse should take their own legal advice.
2. A draft deed is prepared.
3. The draft reaches the court. There are two ways. If you are already in court mediation and agree to separate, the mediator sends the draft deed to the court (regulation 40). Or, if you agree before any mediation, you, your advocates and the notary file a joint note with the draft deed (regulation 40).
4. A mediator reviews the draft. The court refers it to a mediator. The mediator examines the draft within one month of the note being filed and returns it to the court with views, within no more than one month (regulation 41). A meeting with the mediator is not held online unless the mediator and you both agree.
5. The court decides. Before it gives its authority, the court explains the consequences of separation to you, tries to reconcile you, and may change or add conditions (article 59). It then gives a decree, in private, approving, amending or rejecting the draft, with its reasons (regulations 42 and 43).
6. You sign and register the deed. The separation takes effect against other people only from the day the deed is registered in the Public Registry (article 62A).

What the deed usually covers

• Care, custody and access. The court gives directions on custody when it authorises the separation, and can change them at any time for the children’s welfare (article 60). An agreement between you about custody can be set aside by the court if the children’s interests require it (article 61).
• Maintenance for each spouse and for the children.
• The matrimonial home. Who lives there, or whether it is sold.
• Your shared property. How the community of acquests is divided.
• Your surname. If you want to go back to your birth surname or the one you had when you married, you say so in the deed (article 62).
• Inheritance. A spouse can renounce a right to succeed the other in the deed (article 60).

Changing the deed later

If you both agree to amend a deed the court has already approved, you file a joint application with the draft changes. You do not need to go through mediation again (regulation 44). Maintenance can also be changed by the court if the means of the person paying, or the needs of the person receiving, change (article 54).

Reuniting

Spouses separated by agreement can reunite at any time (article 63).

If you are thinking about separating by agreement, a first conversation can help you see what a deed would involve for your family. You are welcome to send us an enquiry.