Divorce accepted (for acceptance of the principle of marriage breakdown)

Verified 20 July 2023 - Legal and Administrative Information Directorate (Prime Minister), Ministry of Justice

Do you agree with your husband to divorce but disagree with the consequences of divorce? You can consider a divorce for accepting the principle of marriage breakdown. This divorce is pronounced in court but you do not have to explain the reasons for your divorce.

If you are agreed to divorce, you can initiate divorce proceedings for acceptance of the marriage breakdown.

In this case of divorce, the facts justifying the separation need not be disclosed by the spouses, or to be examined by the judge.

However, you are not you don't have to agree with your spouse on all the consequences of divorce (e.g. on child care or on compensatory benefit).

Either of you can file a divorce. You can also apply together with your spouse.

The divorce proceedings takes place in front the family judge.

You and your spouse must take one lawyer each.

For divorce to be possible, you and your spouse must agree in a document.

This document must state that you agree to divorce, not to mention the reasons for your divorce.

You can give your consent before or during the divorce proceedings.

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Before divorce proceedings

You must first sign with your respective spouse and lawyers a privately signed document. This act must indicate that you accept the principle of marriage breakdown.

This act is irrevocable. It shall state that you cannot go back on accepting the principle of marriage breakdown even when doing call.

You must, then, with your spouse to seize by joint application the family judge. The document of acceptance must be annexed to the divorce application.

The document of acceptance must be no more than 6 months old when the divorce application is lodged.

During divorce proceedings

You can enter your agreement for a divorce accepted before the Jaf: titleContent at the orientation hearing or at any other hearings concerning interim measures (residence of children, maintenance...). Your agreement shall be recorded in a written record drawn up by the JAF and signed by you, your spouse and your respective lawyers.

You may also give your consent at any time during the procedure without being at a hearing. You must sign with your spouse and your respective lawyers a privately signed document. This act must indicate that you accept the principle of marriage breakdown. This document must then be transmitted to the judge.

Your agreement is irrevocable. It must be stated in the document you sign that you cannot go back on accepting the principle of marriage breakdown even when doing call.

Once you have signed the acceptance of the principle of marriage breakdown, your decision is irrevocable.

You can't ask for the fault divorce or for permanent alteration of the conjugal relationship.

However, you can always choose from divorce by mutual consent.

Legal costs

The cost varies depending on the lawyer's fees.

If you don't have enough resources to pay for the divorce, you can benefit from legal aid.

The costs shall be shared by half between the spouses, unless the judge decides otherwise.

Right to share

When the spouses divorce, they must share assets which they had together (movable, financial and immovable property).

The division of movable and immovable property is subject to a registration fee or a tax of land advertising of 1.10%.

FYI  

for assets less than or equal to €5,000, the right of sharing shall be fixed at a flat rate at €125.

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