For the vast majority of people divorce is one of the most difficult experiences. It is generally a lengthy and often a costly process, and when the parties involved are nationals of different countries it can be even more complex. However, in France divorce can be achieved without a court hearing. Divorce by mutual consent is a commonly used procedure and since a major legal reform in 2017 it has been significantly streamlined and accessible.
Divorce by mutual consent in France is governed by the French Civil Code, particularly Article 229-1 to Article 229-4, which was modified by Law No. 2016-1547 of 18 November 2016 on the modernisation of justice for the 21st century. This changes came into effect on 1 January 2017.
Divorce by mutual consent without a court hearing
Divorce by mutual consent requires each party to appoint a lawyer as well as a notary who will deal with the formal registration of the agreement. If the concerned individuals can come to an arrangement that addresses all aspects of the separation and all its consequences which is acceptable to both of them, the lawyers can draft the agreement and it can be registered. The lawyers in Giambrone and Partners' Lyon office successfully assisted a couple to separate in Perpignan, taking only one hour to achieve the divorce.
Clearly the key factor is that that agreement is fully accepted by all parties involved, with each lawyer having comprehensively explained its terms and consequences to the couple.
The agreement must cover all aspects of the separation, namely:
- Division of assets and liabilities;
- Child custody and visitation rights;
- Child maintenance;
- Spousal maintenance (alimony).
Avoiding court proceedings can help minimise conflict and maintain a more amicable relationship between the spouses, which is especially beneficial when children are involved. By settling matters outside of court, couples preserve their dignity, save time and money, and reduce emotional stress.
Giorgio Bianco, a Partner, commented, “divorce by mutual consent remains more private and discreet. A collaborative approach is often less emotionally taxing. Spouses retain more control over the terms of their separation. Giorgio further commented, “judicial intervention exposes the couple's private life to friends, relatives and employers. The vast majority of people would prefer their divorce to remain private”.
The Terms of the Procedure
- Both parties must agree on the divorce and all its consequences (e.g. child custody, spousal support, division of assets, disposal of the family home);
- Each spouse is represented by their own lawyer;
- A private agreement is drafted by lawyers encompassing the terms that both parties have agreed to which they must sign;
- Each spouse must have a 15-day reflection period following receipt of the draft agreement from their respective lawyers before signing it. This safeguard ensures that the decision is considered and not made under duress or rushed;
- Each spouse is represented by their own lawyer.
Once signed, the agreement must be given to the notary within seven days. Whereupon the notary will register the agreement which gives it legal force.
There are exceptions which prevent mutual consent divorce. In some cases, the divorce must still be submitted to a family court judge:
- If a child of the couple formally requests to be heard by the judge;
- If one spouse is under a legal protection measure, such as guardianship;
- If there is a significant imbalance in the agreement that may affect one party's rights.
Can a Foreign National divorce in France and benefit from this procedure?
Yes, a foreign national can file for divorce in France and take advantage of this procedure, provided there is a sufficient connection to France, such as one spouse being a French citizen or the couple's last place of residence as a married couple being in France. The foreign party must be represented by a lawyer registered with a French bar association, but the process is entirely accessible.
This method offers a fast, affordable, effective and discreet way to obtain a divorce. Our French lawyers speak several languages, making them well-equipped to assist clients of a range of nationalities.
Divorcing without appearing before a Judge
Since 2017 in France, couples who agree on the terms of their separation no longer need to appear in court or go before a judge. Each spouse is assisted by their own lawyer, who ensures that their interests are protected by jointly drafting a legally binding divorce agreement.
-Avoiding court proceedings can help minimise conflict and maintain a more amicable relationship between the spouses, which is especially beneficial when children are involved. By settling matters outside of court the details of their situation are not aired in a public court, couples preserve their dignity, save time and money, and reduce emotional stress.
What are the benefits? Fast, affordable and effective
There are several advantages to pursuing a divorce by mutual consent without judicial intervention.
Speed of Action
Once the couple agrees on all terms the timeline is straightforward.
- 15-day mandatory reflection period after receiving the draft agreement;
- Signing of the agreement in the presence of both spouses and their respective lawyers;
- Filing of the agreement with the notary within seven days;
- Registration of the agreement by the notary within 15 days.
A divorce can be finalised in less than a month.
Affordable
Legal fees associated with court proceedings can be substantial. A non-judicial divorce will typically have lower costs, as couples work together rather than entering adversarial litigation. Fees will be considerably reduced.
Effective and private
Your lawyers ensure that every clause complies with French law and protects your rights. Furthermore, unlike court judgments which may become public, your divorce agreement remains entirely confidential.
Giambrone & Partners is the ideal law firm for international divorces based on mutual consent through a lawyer-negotiated agreement. Our international family law team combines deep legal knowledge with a client-focused, pragmatic approach to ensure the best possible outcome for all parties involved. Divorce by mutual consent in France is a pragmatic solution for couples who agree on the terms of their separation. Also, it reflects the shift toward less adversarial family law, emphasising autonomy, efficiency, and respect for individual rights. However, it requires careful drafting and independent legal advice to ensure fairness and compliance with French law.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
