Divorce in Tunisia: the three grounds and the steps of the procedure

Read in: العربية / Français

Topic: Family law

Mutual consent, harm, or unilateral will: what the Personal Status Code provides, how conciliation works and what happens to the children.

In Tunisia, a divorce can only be granted by a court. It is governed by the Personal Status Code, which gives both spouses the same right to ask for it. The three grounds for divorce Under article 31 of the Personal Status Code, the court grants a divorce: By mutual consent: both spouses agree to divorce, and often on its consequences. At the request of one spouse, because of harm suffered: the spouse asking must prove the harm. At the request of the husband or the wife, by unilateral will: no reason is required. In the second and third cases, the court rules on compensation for the material and moral harm that either spouse suffers because of the divorce. For the wife, material harm is compensated by a monthly annuity paid once the waiting period (idda) has ended. Conciliation A divorce is only granted after the family judge has tried to reconcile the spouses. According to the Ministry of Justice, the minimum is one conciliation hearing for a divorce by mutual consent, even with children. For a divorce for harm or by unilateral will, it is one hearing if there are no children and three hearings if there are minor children (article 32 of the Personal Status Code). If conciliation fails, the case goes on. Interim measures During the procedure, the family judge orders, even without being asked, urgent measures about where the spouses live, maintenance, custody of the children and visiting rights. The spouses can expressly agree to waive these measures in whole or in part, as long as this does not harm the interests of minor children. The children The judge decides custody taking the child's interest into account. When custody goes to the mother, she has guardianship powers over the child's travel, schooling and financial accounts. The father remains responsible for supporting his children; if he cannot, the mother is called on to do so. If maintenance or a divorce annuity ordered by the court is not paid, the guarantee fund for maintenance and divorce annuities, run by the CNSS (social security fund), can step in in certain cases, subject to conditions that include a court judgment and a complaint for family abandonment. Why work with a lawyer? A lawyer helps you choose the route that fits your situation, prepares the claims for maintenance, custody and compensation, and assists you at every stage of the case. This article gives general information and does not replace advice from a lawyer who looks at your own situation.

Last updated: 19 October 2026