What is Divorce by Mutual Agreement (DMA)?

Why DMA was introduced

Before DMA, even couples who agreed to part had to cite one spouse's adultery, behaviour or desertion, or wait out a long separation. Assigning blame could sour negotiations about children and money before they had even started. DMA was added to the Women's Charter to give couples a way to end a marriage that reflects a shared decision.

What you need to agree on

A DMA is a joint application. Together, you set out in writing:

• that you both agree the marriage has irretrievably broken down;
• the reasons you each believe it has broken down;
• the efforts you have made to reconcile; and
• the arrangements you have considered for your children and your finances.

The court still has to be satisfied

DMA is not a rubber stamp. The court considers the parties' reasons and the efforts at reconciliation, and must be satisfied the marriage has irretrievably broken down. It can reject the application, for example if it seems one spouse has been pressured into agreeing, or the explanation does not hold together.

You do not need to have agreed every ancillary issue, such as asset division or maintenance, to use DMA. Matters you cannot agree on can still be resolved through mediation or decided by the court.

Is DMA right for you?

DMA works best where both of you accept the marriage is over and want to keep conflict low, particularly where you will be co-parenting for years to come. If one spouse does not accept that the marriage has ended, DMA is not available and another fact will be needed.

Even in an amicable divorce, it is worth having the written agreement and the settlement terms reviewed. What feels fair now has to keep working long after the divorce is final.