Do I need a lawyer to get divorced in Tunisia?

Answer by the AvoConsulte editorial team

Not at first instance: the Code of Civil and Commercial Procedure makes a lawyer compulsory before the court of first instance except in personal status matters, so you can file for divorce and attend the hearings yourself. An appeal, however, must be lodged by a lawyer, and so must an appeal to the Court of Cassation. A lawyer is strongly advised whenever custody, maintenance or property are at stake.

In Tunisia, a divorce can only be granted by a court, under the Personal Status Code. This applies to all three grounds: mutual consent, harm suffered, and the wish of either spouse.

What you can do without a lawyer

• File the petition with the court of first instance that has jurisdiction.
• Take part in the conciliation stage: the family judge must try to reconcile the spouses before any divorce is granted, in one hearing or, in some cases where there are minor children, three. Conciliation is aimed at the spouses themselves, so plan to attend.
• Ask for urgent measures on housing, maintenance, custody and visiting rights, which the family judge orders even without being asked.

Why most people still hire one

• Money and children are decided in the same case. Maintenance, compensation, the divorce annuity and custody all depend on how the claims are drafted and proven.
• Procedure and deadlines. A missed appeal deadline, or a claim not made in time, can be hard to fix later.
• Appeals. An appeal is lodged by a written petition filed by the appellant's lawyer. Before the Court of Cassation, only a lawyer registered at that court can act.
• Living abroad. A local lawyer can file documents and follow the case, although you may still be needed in person, especially for conciliation.

If you cannot afford a lawyer, you can apply to the legal aid office at the court of first instance.

A divorce granted abroad is not always recorded in Tunisia automatically; depending on the country, it may first need a Tunisian court judgment (exequatur). Dual nationals should check how the two procedures interact before starting.

For your own situation, consult a family lawyer; the AvoConsulte directory lists lawyers registered with the ONAT by city.

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 de procédure civile et commerciale – De la saisine, de l'enrôlement et de l'ajournement (art. 68 à 75) Jurisite Tunisie
2. Code de procédure civile et commerciale – Des formes de l'appel (art. 130 à 131) Jurisite Tunisie
3. Décret-loi n° 2011-79 du 20 août 2011, portant organisation de la profession d'avocat DCAF – Base de données de la législation sécuritaire tunisienne
4. Code du Statut Personnel - Livre II : Du divorce (art. 29 à 33) Jurisite Tunisie
5. الإعانة العدلية وزارة العدل – الجمهورية التونسية