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Divorce by mutual consent
Verified 29 September 2021 - Directorate of Legal and Administrative Information (Prime Minister), Ministry of Justice
Approval of an act or agreement by the court
An act drawn up and signed by private individuals without the presence of a notary (for example, a contract)
Document drawn up by a notary in the context of divorce proceedings, where the property of the spouses is composed of common immovable property and one of them alone will take over ownership of it at the end of the divorce
Original of a document (for example, a divorce agreement) drawn up by an authority (civil or administrative court, notary, commissioner of justice - former bailiff and judicial auctioneer, ...), who is obliged to keep it
Formalized writing for court action
Who can express a thoughtful opinion through maturity and understanding
Name given to certain judicial decisions taken by a single magistrate (presiding judge, investigating judge, etc.). For example, an order by an investigating judge to refer the case to the correctional court.
An appeal to a judge which has the effect of preventing the application of a measure or decision, until the judge has decided
Additional cases ?
Divorce by mutual consent is an amicable divorce in which the spouses agree on the breakdown of the marriage and its consequences (custody of the children, compensatory benefit, etc.). The process does not take place in court. An agreement between the spouses is drawn up by their respective lawyers and is registered with a notary. When the child of the spouses requests to be heard by the judge, the agreement is certified by the judge.
What applies to you ?
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General case
Each spouse duty have a lawyer to divorce by mutual consent.
Who shall I contact
You must sign a fee agreement with your lawyer to to fix his fees.
If you don't have enough resources, you can legal aid to cover all or part of these costs.
Divorce by mutual consent by privately signed document Countersigned by lawyers is possible if the following conditions are met:
- The spouses agree on the divorce
- The spouses agree on the effects of divorce (division of property, parental authority, maintenance, compensatory benefit)
- Each of the spouses has a lawyer
- No minor children of the spouses informed by their parents of their right to be heard by the judge does not request to be heard
- None of the spouses is subject to one of the schemes for the protection of adults (guardianship, trusteeship or safeguard of justice)
No minimum length of marriage is required.
Spouses do not have to disclose the reasons for divorce.
Warning
if one of the spouses is a foreigner, it should be noted that in some countries, only judicial divorce (i.e. subject to the approval of the judge) is recognized.
Lawyers draft a convention that must mention the spouses' agreement on the marriage breakdown and the effects of divorce.
In particular, the agreement shall include the following information:
- Loss or retention of spouse's name
- Conditions exercise of parental authority
- Mention that the minor was informed by his parents of his right to be heard by the judge
- Payment or non-payment of compensatory benefit
- Liquidation statement of the matrimonial property regime
The lawyer shall send the draft agreement to the spouse whom he is assisting by registered letter with acknowledgement of receipt.
The draft may not be signed by the spouses before the expiry of a reflection period of 15 days from the reception.
The convention must be signed together by the spouses and their lawyers in 3 copies. Each spouse shall keep an original of the agreement together with its annexes. On the 3rde original is for the notary.
FYI
until the agreement is lodged with a notary, the spouses may bring an application before the court for body separation or judicial divorce.
The agreement shall be forwarded to the notary, by one of the lawyers, within 7 days following the date of signature of the agreement. The notary keeps it as a minute.
The notary checks the presence of the mandatory indications in the agreement and whether the reflection period of 15 days has been respected.
He does not receive the spouses and their lawyers.
The deposit of the agreement with the notary allows the agreement to be given certain date and enforceability, i.e. the Convention is now applicable.
Who shall I contact
Please note
if you lose your original of the divorce agreement, the notary may issue you a copy.
The mention of divorce must be noted in the margins of the marriage certificate of the spouses and the birth certificate of each of the spouses.
Your lawyers must send an application to the mayor of the place of marriage accompanied by a certificate of deposit issued by the notary.
Who shall I contact
If the marriage certificate has been issued abroad, your lawyers must send the application to the Central Civil Registry Service (Scec).
Who shall I contact
Central Civil Registry Service (Scec)
Civil status (birth, marriage or death) of a Frenchman abroad
Only by mail to:
Central Civil Registry Service
11 White House Street
44941 Nantes Cedex 09
The service is not open to the public.
You can apply for a civil status certificate through a online service.
For more information, you can:
- Go to diplomatie.gouv.fr
- Call the+33 1 41 86 42 47 Monday to Friday from 9 am to 12 pm and from 1 pm to 4 pm
Free access to video interpretation or instant speech transcription for the deaf or hard of hearing - Email courrier.scec@diplomatie.gouv.fr
The City Hall or the Scec transmits the information to the birth mayors of the spouses so that they too update the documents.
FYI
you can take care of the request to update your marital status if your lawyer does not do so.
This entry in the margin of civil status shall be obligatory so that divorce can be enforceable against third parties, i.e. known and recognized by the administration, the employer, ...
This does not exempt you from informing third parties, one by one, of your divorce.
You can also update your family booklet.
The cost of divorce varies with lawyers' fees, goods to be shared, notary's fee and procedure.
Each spouse must pay his or her lawyer and his or her fees are set freely with him or her.
A spouse with insufficient resources to initiate divorce proceedings may apply legal aid.
The divorce agreement lays down the apportionment of the costs of divorce between the spouses. The agreement may not charge the party receiving legal aid more than half of the costs of the divorce. If the agreement is not clear, the costs of divorce are shared by half.
The deposit at the notary of the agreement amounts to €41.20 excl. tax (€49.44 TTC).
Notary fees may be added if the agreement includes a statement of settlement relating to immovable property or an allocation of immovable property under a compensatory benefit.
Right to share
When the spouses divorce, they must share the property they had together (movable, financial and real estate).
A tax is imposed on the net value of the assets shared between the spouses, after deduction of any debts.
This is called the right of sharing.
FYI
for assets less than or equal to €5,000, the right of sharing shall be fixed at a flat rate at €125.
If a child of the spouses wants to be interviewed
In a divorce, the minor child must be informed by his parents of his right to be heard by the judge. If the child requests to be interviewed, the divorce agreement must be subject to type-approval the family affairs judge. We are talking about divorce by mutual consent judicial.
The spouses must take a common lawyer or each one their own.
Who shall I contact
You must sign a fee agreement with your lawyer to to fix his fees.
If you don't have enough resources, you can legal aid to cover all or part of these costs.
Divorce by mutual judicial consent is possible if all of the following conditions are met:
- A minor child of the spouses has requested to be heard by the judge
- The spouses agree on the divorce
- The spouses agree on the effects of divorce (division of property, parental authority, maintenance, compensatory benefit)
No minimum length of marriage is required.
Spouses do not have to disclose the reasons for divorce.
FYI
divorce by mutual consent is not possible if one of the spouses is placed under protective measures (guardianship, trusteeship, safeguard of justice).
Lawyers draft a convention that must mention the spouses' agreement on the marriage breakdown and the effects of divorce.
In particular, the agreement shall include the following information:
- Loss or retention of spouse's name
- Conditions exercise of parental authority
- Mention that the minor was informed by his parents of his right to be heard by the judge
- Payment or non-payment of compensatory benefit
- Liquidation statement of the matrimonial property regime
FYI
the statement of liquidation must be an act of the notary in the presence of immovable property.
The spouses and their lawyers sign the agreement when it is fully drafted and they agree on all its contents.
Filing of divorce petition
For the divorce agreement to be effective, it must be certified by the family judge.
In order to bring the matter before the judge, the spouses, through their lawyer(s), must file a request in divorce at the court of the family's place of residence.
If the spouses live separately, the application must be filed in the court of the place of residence of one of the spouses.
Who shall I contact
As an annex to the application, the spouses must place the application for the hearing of the minor child, the divorce agreement, and any statement of settlement the matrimonial property regime established by the notary.
Hearing of the minor
Before receiving the spouses at the probate hearing, the judge must to interview the minor child.
The judge may also refuse to hear the child if he or she considers that he or she does not have judgment sufficient.
Certification Hearing
The spouses are summoned for the hearing type-approval at least 15 days in advance by single letter. Their lawyers are also notified of the date and time of the hearing.
At this hearing, the judge hears the spouses separately and then together with their lawyer(s). The judge ensures their willingness to divorce and their free and informed consent.
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Approval of the Convention
The judge approves the agreement and issues a divorce if he finds that the agreement preserves the interests of the spouses and children.
The marriage is dissolved 15 days later (if no appeal has been lodged).
Refusal of approval of the Convention
The judge may refuse to divorce the spouses if the agreement does not sufficiently protect the interests of the children or of a spouse.
In this case, he adjournment its decision, by ordinance, i.e. it has postponed it until a new convention has been tabled.
The Ordinance specifies the points that must be amended in order for the agreement to be approved. In this order, the judge may approve interim measures agreed upon by the spouses (maintenance, interim allocation of family housing to one of the spouses ...). They shall apply until the divorce judgment is final.
The spouses must submit a new agreement within a maximum of 6 months. If the judge refuses a second time to certify the agreement, or in the absence of a new agreement, the divorce application is deciduous (i.e. canceled)
Appeals
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Approved Convention
The divorce judgment may be the subject of appeal on a point of law within 15 days of delivery. This remedy is suspensive except for measures concerning children.
Refusal of approval
The order refusing registration may be the subject of of a call within 15 days of the date of the decision.
The mention of divorce must be noted in the margin of the marriage certificate and the birth certificate of each of the spouses.
Your attorneys must address the divorce decree to the mayor's office at the place of marriage.
Who shall I contact
If the marriage certificate has been issued abroad, your lawyers must send the application to the Central Civil Registry Service (Scec).
Who shall I contact
Central Civil Registry Service (Scec)
Civil status (birth, marriage or death) of a Frenchman abroad
Only by mail to:
Central Civil Registry Service
11 White House Street
44941 Nantes Cedex 09
The service is not open to the public.
You can apply for a civil status certificate through a online service.
For more information, you can:
- Go to diplomatie.gouv.fr
- Call the+33 1 41 86 42 47 Monday to Friday from 9 am to 12 pm and from 1 pm to 4 pm
Free access to video interpretation or instant speech transcription for the deaf or hard of hearing - Email courrier.scec@diplomatie.gouv.fr
The City Hall or the Scec transmits the information to the birth mayors of the spouses so that they too update the documents.
FYI
you can take care of the request to update your marital status if your lawyer does not do so.
This entry in the margin of civil status shall be obligatory so that divorce can be enforceable against third parties, i.e. known and recognized by the administration, the employer, ...
This does not exempt you from informing third parties, one by one, of your divorce.
You can also update your family booklet.
The cost of divorce varies with lawyers' fees, property to be shared, any notary's fee and procedure.
Each spouse must pay his or her lawyer and his or her fees are set freely with him or her.
A spouse with insufficient resources to initiate divorce proceedings may apply legal aid.
The divorce agreement lays down the apportionment of the costs of divorce between the spouses. The agreement shall not be binding on the party which benefits from legal aid more than half of the divorce costs. If the agreement is not clear, the costs of divorce are shared by half.
Of notary's fee may be added if the agreement includes a statement of settlement relating to immovable property or an allocation of immovable property under a compensatory benefit.
Who can help me?
Find who can answer your questions in your region
Telephone administrative information - Allo Public Service
The informants who answer you are from the Department of Justice.
Cost: free service
Service available at the following times:
- Monday: 8.30am to 5.30pm
- Tuesday: 8:30 to 12:15
- Wednesday: 8:30 to 12:15
- Thursday: 8.30am to 5.30pm
- Friday: 1 p.m. to 4:15 p.m
- Lundi : de 08h30 à 17h30
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- Mercredi : de 08h30 à 12h15
- Jeudi : de 08h30 à 17h30
- Vendredi : de 13h00 à 16h15
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Divorce by mutual consent by a private deed countersigned by lawyers, filed in the minutes of a notary
Divorce proceedings by mutual consent by a private signature document countersigned by lawyers, filed in the minutes of a notary
Divorce by mutual judicial consent
Procedure for divorce by mutual judicial consent
Procedure for divorce by mutual judicial consent
Updating of marital status in a divorce by mutual judicial consent
Divorce by Mutual Consent and Protected Majority
Notaries' fee: fee for filing in the minutes of the divorce agreement
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