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Do you need a lawyer to get a divorce?

Verified 25 August 2021 - Legal and Administrative Information Directorate (Prime Minister)

Yes, each spouse must have his or her own lawyer in a divorce proceeding before the judge (judicial divorce) or in an amicable divorce proceeding without a judge (divorce by mutual consent).

Judicial Divorce

The applicant divorce shall take a lawyer from the beginning of the divorce proceedings.

The lawyer writes assignment and then represents the applicant spouse throughout the proceedings.

The defendantshall also take a lawyer to defend himself. Without a lawyer, he cannot participate in the proceedings. His requests cannot be considered by the judge.

The defendant must choose a lawyer in 15 days following receipt of the divorce notice.

FYI  

the spouses can apply to the judge for a joint divorce. In this case, they must each take a lawyer from the beginning of the proceedings.

Divorce by mutual consent

In a mutual consent proceeding, a divorce agreement must be drafted by lawyers. Once finalised, the agreement must be registered by a notary or approved by the judge if a child of the spouses wants to be heard.

General case

Spouse shall take your lawyer in divorce by mutual consent.

One lawyer cannot represent both spouses.

The divorce agreement must be signed by the spouses and 2 lawyers before being submitted to the notary for registration.

A child of the spouses wants to be interviewed

The divorce by mutual consent must be submitted to the judge for approval.

Spouses can take one lawyer to represent them. They can also take their own lawyers.

A spouse is under protection (guardianship, curatorship, ...)

Divorce by mutual consent is not possible. Spouses must divorce before the Family Court.