Divorce for harm in Tunisia: what happens after the conciliation hearings?

Answer by the AvoConsulte editorial team

Failed conciliation does not end the case: the family judge orders urgent measures, then the court decides the merits after a two-month reflection period before the pleadings. This is what article 32 of the Personal Status Code provides.

What to ask for

• Urgent measures: housing, maintenance for you and the children, custody of the minors and visiting rights. The judge orders them even unasked; they are enforceable at once and can be revised until the judgment.
• Child maintenance: it is the father's duty. Your eldest son remains entitled after coming of age if he is still studying, up to age 25.
• Compensation: for material and moral harm; material harm takes the form of a monthly annuity after the waiting period (idda), or a lump sum paid once if you choose.

Proving the harm

It is up to you to prove the harm. Bring evidence of the lack of support and of the expenses you covered, of your husband's income and, if needed, witness statements. If maintenance is ordered by a court and he deliberately fails to pay for a month, you can file a complaint for abandonment of family.

Do you lose compensation by asking for divorce?

Tunisian law has no "consolation gift" (mut'a). In a divorce for harm and a divorce by unilateral will, the court compensates the harm suffered by either spouse. If you prove the harm, the compensation is yours. If the proof falls short and the divorce is granted by unilateral will at your request, your husband could be the one compensated. Discuss this choice with your lawyer.

What a lawyer costs

There is no set fee: fees are agreed with the lawyer depending on the case. If your income is limited, you can apply for legal aid to the committee at the court of first instance; in maintenance cases it is granted immediately.

This answer was written by the AvoConsulte editorial team and gives general information only: it is not legal advice. For your own situation, consult a lawyer.

Sources

1. Code du Statut Personnel – Livre II. Du divorce (art. 29 à 33) Jurisite Tunisie
2. النفقة وزارة العدل – الجمهورية التونسية
3. جراية الطلاق وزارة العدل – الجمهورية التونسية
4. الإعانة العدلية وزارة العدل – الجمهورية التونسية