If a marriage is irretrievably broken down, the spouses may jointly, or a spouse individually, may request the judge to dissolve the marriage. Once the request is received by the court, a date will be determined for the hearing. At the hearing the judge will hear both parties and will decide whether or not the marriage will be dissolved.
If the couple have children that are not yet of legal age at the moment of the divorce, a divorce covenant will have to be drawn up in which the parents will plan certain aspects such as contact/visitation arrangement. Other aspects that can be arranged in a divorce covenant are aspects that relate to the separation of goods if the spouses are not married with a pre- or postnuptial agreement.
It is also important not to forget to register the divorce decree with the Censo. If the divorce decree is not registered within 6 months after the divorce decree has become final and conclusive, the spouse(s) will have to file for divorce anew.