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Obtaining a Divorce in Tunisia

edited September 2015 in - Tunisia
Hi everyone,

I know that there are several threads on this so I apologise for starting a new one but I am writing on behalf of a friend of mine. He is Tunisian and currently married to a German girl. Due to sad circumstances they have decided to divorce, and so he is going to sort the divorce in Tunisia (he is still living there, she is in Germany). Unfortunately he is ridiculously busy and has limited access to information. Can anyone please answer the following:

What is the best way for him to go about obtaining the divorce?
How long will it take? Both parties are consenting however she is unlikely to be able to travel to Tunisia
How much will it cost? A ballpark figure is fine but I need to give him as much info as possible.

Any advice will be most gratefully received (I am unsure how I have managed to get caught in the middle of this but I hope I can at least help them)! Thanks so much and apologies if this has all been answered before.

Comments

  • Lesley our resident Tunisian expert should be along soon to answer this question, however in my opinion your "ridiculously busy" Tunisian friend needs to go and see a lawyer.
    You are involved because your"ridiculously busy" friend is using you to sort things out because like a lot of people he wants someone else to make his problem go away.
  • eolhc - I have to say that I agree with Alethia - busy??? No such thing here to be honest, especially when it comes to the male of the species. However this is what has to happen - he can have a notaire send what we call a 'divorce invitation' to Germany. Notaire charges around tnd50 for this and of course it will have to go fedex which will be around tnd40. He will then get the first court date. Both parties should usually attend and tell the judge that they agree with the divorce. If one of the parties does not attend then it will be adjourned and the court will set another date, if after three attempts that party still does not attend then the divorce will be automatic. It's easy here and cheap. All up it should cost not more that tnd200 for the notaire. If you have more questions just let me know. Oh and by the way, the very busy Tunisian will have to do all this himself unless as Alethia suggests he gets a lawyer which will cost him in the vicinity of tnd250 - 400.
  • Thank you Alethia and Lesley, that's really helpful. He has genuinely not had a day off in 3 weeks, but that aside I will absolutely not be doing anything other than this research on his behalf!! It's all him from here! However, I'm afraid I am rather clueless so would you mind clarifying something?
    What is the difference between a notaire and a lawyer other than costs? Is one route preferable to the other? She will be unable to attend due to health issues so knowing this does it make a difference as to whether a lawyer or a notaire is a better option?

    Thanks again for your help, I really appreciate it.
  • eolhc - both can do exactly the same job! All the lawyer does is have a notaire prepare the letter of invitation and they do not go to the court on your behalf, only on the last invitation and then they will send only a clerk. It's her choice really.
  • eolhc, a notaire is a qualified legal professional who works in European countries that follow Roman civil law. Tunisia has notaires as for many years they were ruled by France. Notairess are public officers in Tunisia appointed by the Minister of Justice.

    A lawyer is the same in Tunisia as in any country they work for private firms, corporations or in govermental legal departments.

    Lesley has given you excellent advice I suggest your busy friend follows it.
  • Thanks so much, I really appreciate your help, let's hope he does too. I shall forward all this information to him and then I'm out! Thanks again.
  • edited September 2015
    I really hope someone can help. I am separated from my Tunisian husband over two years- he walked out on me and the children and moved in with another woman shortly after getting citizenship. He then consented for me to go abroad with the children so that I could work. Long story short I have been waiting for the divorce in Tunisia for over a year now.

    He applied first for divorce- I also applied. I went to his hearing he didn't show up- I then went to mine a few days later he didn't show up. I went back to Tunisia a second time- he didnt show up again- the judge wanted me to come back a third time but I simply could not afford it with the children and missing work.

    My divorce is due to come through on September 9th and I heard nothing from my lawyer except that he was not back in the country yet and would talk to us asap- recently I recieved a contact from my ex stating that he had put precautions in place and that I would not get this divorce?? I don't know what is going on- I cannot get a divorce in my own country for years- I am tied to this man who has recently had ANOTHER child whilst still married to me- I just want my paper so that I can move on. Can anyone tell me at least what to expect- what does he mean by he has taken precautions is he just threatening- can he stop this divorce after me waiting one year and going there twice. My lawyer is charging me over 1000 Sterling as it stands. Hope someone can help
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