Act of acquiescence in divorce

What is an act of acquiescence?

An act of acquiescence is a document used in a divorce to indicate that both parties agree to the divorce. The purpose of the act of acquiescence is to accelerate the divorce process and terminate the period allowed for appeal. By signing the act of acquiescence, you declare that you do not wish to wait for the appeal period and that you agree with the court order. This ensures that the divorce can be finalized more quickly and efficiently, without the uncertainty of a potential appeal.

What is an act of acquiescence?

An act of acquiescence is a written statement in which parties agree to the court’s ruling and waive their right to appeal. This document ensures that the divorce can be finalized sooner, as there is no need to wait for the period during which an appeal can be lodged. An act of acquiescence is often drawn up when both parties are satisfied with the judicial decision and do not wish to take further legal action. Upon signing the act of acquiescence, the divorce becomes final.

When do you use an act of acquiescence?

An act of acquiescence in divorce often comes into play when parties have no need for further proceedings. A joint petition can be filed by both partners to initiate the divorce. If both parties are satisfied with the court’s ruling – for example, regarding the division of assets, child support, or spousal maintenance – an act of acquiescence can help to finalize the divorce quickly and without complications.

• Agreeing with the ruling:
  The act is drawn up as soon as both parties have received the court’s ruling and agree with the decisions. Ex-partners can sign an act of acquiescence to indicate that they agree with the judge’s ruling.
• Waiving the right to appeal:
  With an act of acquiescence, the parties explicitly state that they will not lodge an appeal, which prevents the divorce from being unnecessarily delayed.

Advantages of an act of acquiescence

An act of acquiescence offers several advantages for both parties in a divorce procedure. Ex-partners can sign an act of acquiescence to indicate that they agree with the judge’s ruling.

• Faster finalization of the divorce:
  Because no appeal is lodged, the divorce can be completed more quickly, allowing both parties to move on with their lives sooner. By signing an act of acquiescence, the parties indicate that they will not appeal the ruling.
• Cost savings:
  By waiving the right to appeal, parties avoid additional legal costs associated with a lengthy court case.
• Less stress and conflict:
  If both parties agree with the ruling, there is no need for further legal battles, which significantly reduces the stress surrounding the divorce.

Is an act of acquiescence binding?

An act of acquiescence is binding. Once the parties have consented and signed the statement, they can no longer lodge an appeal. This makes the court’s ruling final, and you both agree to the divorce decree issued by the court. You and your ex-partner are definitively divorced once the act of acquiescence is signed and the court’s ruling is final. Therefore, it is important to first have a full understanding of the consequences of the ruling before an act of acquiescence is signed.

How is an act of acquiescence signed and drawn up?

The submission of an act of acquiescence often takes place through the parties’ lawyers. After the judge has made a decision, the parties have a specific period to lodge an appeal. There is a three-month period during which one can appeal the divorce decree. If both parties decide to waive the right to appeal, the act of acquiescence is drawn up and submitted to the court. The parties are officially divorced once the act of acquiescence has been filed and the appeal period has expired. It is advisable to do this carefully in consultation with your lawyer.

Civil Registry and the act of acquiescence

The Civil Registry is the register in which the divorce decree is recorded. The act of acquiescence is a document used to terminate the appeal period and allow the divorce decree to be registered in the Civil Registry.

If both parties sign the act of acquiescence, the divorce decree can be registered in the Civil Registry and the divorce is final.

If one of the parties does not sign the act of acquiescence, the appeal period of three months remains in effect, and the divorce decree can only be registered after this period has expired. Therefore, it is of great importance that both parties sign the act of acquiescence to make the divorce official as quickly as possible.