The Supreme Court has issued a judgment dated 16th April 2015 number 203/2015 ruling that in relation to the efficacy of a mutual agreement divorce judgment in which one of the spouses could not be notified (due to his death). Therefore, in this case the marriage link was extinguished from the date of the judgment and not from the date of death.

The Court judgment accepted the petition of the husband denying the compensatory pension in favour of the wife that she asked for. The claimant dies some days after the judgment without being noticed. The ex wife appeals asking for nullification of proceeding and revocation of judgment.  The argument is based on the extinction of matrimonial bond due to the death and not due to the divorce. The High Court rejects the appeal.

The High Court judgment is appealed before Supreme Court who confirms the last decision. The Supreme Court states that the firs judgment, once written, signed and deposited in the Secretary´s office to be notified is fully effective as per article 212 of Civil Proceeding Law. Consequently, it is confirmed that the marriage bond in a case of mutual agreement divorce is extinguished from the date of the judgment and not from the date of the death, with the legal implications, which means that the first instance judgment is res judicata (final judgment) and cannot be appealed.

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