Ar fi simplu, dacă nu ar fi complicat: divorţul judiciar prin acord
It would be simple if it weren't complicated: judicial divorce by agreement

Summary/Abstract: In this paper, we have analysed the legal regime of the divorce by spousal consent, with a special focus on the procedural dimension. Thus, in the first part of the paper, our attention was focused on the substantial conditions provide by the law in order to dissolute the marriage based on spousal consent, underlying the characteristics of the expressed will and the forms the will may take. Among others, we have explained why, from our point of view, the final thesis provide by art. 373 a) of the Civil Code refers to the situation in which one of the spouses claims right from the beginning to divorce based on spousal consent, even though such a consent has not yet been reached at the time when the divorce application was registered. Also, considering the irrelevance of fault in this form of divorce, we have shown the specific consequences of spousal consent divorce on possible accessory claims. In the second part of the paper, we have analysed the procedural regime of mutual agreement divorce, pointing out the formal conditions of the divorce application, presenting how the procedure goes on depending on the possible hypothesis and underlining the incongruences between the Civil Code and the Civil Procedure Code. Among these incongruences one refers to the lack of a procedural regulation of the second thesis of Article 373 a) of the Civil Code regarding the divorce application made based on consent made by one of the spouses and accepted by the other. Subsequent, we have analysed the possible solutions for dissolution of marriage by spousal consent when the court was initially invested with another form of divorce, but also two uncommon forms of spousal consent divorce: the hypothesis in which the marriage is dissolute on the basis of spousal consent though the court was initially invested with a divorce application grounded on long term separation and the one provided by Article 932 of Civil Procedure Code. Regarding the last hypothesis we have argued why it cannot be qualified as a spousal consent divorce, but rather a sui generis form of divorce which is more proximate to the divorce based on fault.

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