Divorce Lawyers in France

The divorce process in France involves certain steps and may have financial consequences for individuals. When deciding to end a marriage in France, couples should know that there are several types of divorce in France: a contested type, two amicable types, and one type for extensive separation. Our French divorce lawyers can help you if you are going through a divorce procedure in France.

Quick Facts
Types of divorce in France	– by mutual consent, – by fault, – divorce for definitive marriage alteration
Legislation	Family Law in France
Period for reconciliation in mutual consent divorce in France	15 days or more, depending on the type of divorce
Where is the divorce agreement signed?	At a notary in the case both spouses agree on the divorce. Each one can be represented by our French lawyers.
Approvals	Must be issued by the Family Affairs Judge if minors are involved.
What is an accepted divorce in France?	Once spouses accept the marriage breakdown. Procedures are different from mutual consent divorce.
What is a divorce for cause in France	May involve domestic violence, infidelity, and in most cases extremely serious reasons to terminate a marriage.
Child custody	Discussed with our French lawyers at the time a petition for divorce is filed. Both parents must act in the best interest of the minor children and provide stability.
Property/assets division	Spouses can be counseled by our divorce lawyers in France at the time the mutual assets accumulated through marriage are divided.
Non-conciliation degree	Can be issued by the judge in charge of the divorce case in France
Other interim measures in a divorce case in France	– accommodation for minor children, – setting child alimony, – matrimonial property regime, and more.
Compensatory allowance	Can be received by one of the spouses, in special divorce cases.
Time frame to get a divorce decision in France	Depending on the case: one to 36 months.
Costs of divorce in France	Our French lawyers/ notary services fees
Choosing our French divorce lawyers	For a proper separation, dedicated legal services, counseling, affordable prices, and more. We offer an initial consultation to our customers interested in getting a divorce in France.

Types of divorce in France

There are 5 types of divorce procedures in France, the last one being added a few years ago. These are:

1. the divorce by mutual consent, where both spouses agree to end the marriage amicably;
2. the accepted divorce where parties agree on the separation as a consequence of a broken marriage;
3. the contested divorce where one of the parties starts the divorce procedure by filing a petition with the court;
4. the divorce for prolonged separation,n which occurs when one of the spouses has left the conjugal home;
5. the divorce by mutual consent without a judge, which is the latest and simplest form of ending a marriage outside the court.

The first type of divorce in France is the one by mutual consent. In this case, spouses need to agree on every aspect of the divorce procedure before they submit a petition to the judge (custody, division of assets, visiting rights, etc.). This is the simplest form of divorce in France, and the parties need to draft an agreement that covers all the aspects of the divorce and its consequences.

Our French divorce attorneys can offer support no matter the type of divorce procedure one decides on. We can also counsel both spouses in case they want a mutual divorce without a judge. If you need notary services we can put you in touch with our foreign partners.

Please explore this infographic with information about the legal services we offer for the divorce process in France:

The amicable divorce procedure in France

The easiest way of terminating a marriage in France was introduced in 2016 when the authorities simplified the separation procedure that no longer required a court of justice to rule in favor of the divorce. According to our divorce lawyers in France, the parties must draft a document where all the matters related to the separation are agreed on. The document must include the personal and patrimonial issues of the divorce related to the residence of the spouses, the residence of the children, the spouse allowance, and the child alimony and support, as well as any other decision related to the division of assets, property, and debts.

A few aspects to consider when going through a mutual divorce outside the court are related to the fact that each party must be represented by a lawyer, and the agreement must be drafted and signed by the parties and their French-speaking divorce lawyers. All the points of the documents must be agreed upon point by point. Here are other details to consider:

1. Between the date of the drafting of the document and the signing of the agreement, the spouses will have a 15-day recess during which each spouse can consult with their lawyer.
2. Once the period has ended and the agreement is signed, one of the lawyers will have the documents notarized by a public notary in France.
3. Starting with the day of the notarization, the divorce is completed. Our divorce lawyers in France can guide you through the simplified divorce procedure, which can be concluded within one month if every aspect is clarified.

This type of divorce procedure can now be reduced if the parties agree not to go before a judge. However, it is important to know that if a minor child of the spouse asks to be heard by the judge, the procedure will need to be completed in court. In this case, the agreement will be filed with the judge, who will approve it if no other objection arises. Also, a single hearing is sufficient during the amicable court procedure of a divorce in France. In this case, the spouses can use the same lawyer.

If you would like to buy a house in France, you have at hand legal advice offered by our French lawyers. They can draw up the necessary documents for the transaction, namely the sale-purchase agreement that stipulates the name of the seller and the buyer, as well as the price of the respective property. Our clients will have the guarantee that there are no disputes and that they will be able to buy the desired property. Contact our law firm for more information in this regard.

Court proceedings in divorce cases in France

The divorce procedure can also take place on the basis of acceptance that the marriage has broken down. This type of divorce is also called an accepted divorce. The parties need to agree that divorce is inevitable, and a judge needs to verify if both parties have willingly given their consent. A judge will also pronounce custody rights for the children and resolve other issues like asset management.

A contested or hostile divorce takes place when one party accuses the other of the breakdown suffered in the marriage. This is usually a lengthy procedure and the accusing party will try to prove that the other party is responsible for ending the marriage. French law encourages spouses to reach an amicable agreement and even change the type of divorce if needed.

A divorce for prolonged separation is possible in France when the couple has lived apart for more than two years. A French judge will pronounce the divorce and establish the consequences.

If you need legal assistance for divorce in France, you may get in touch with our French divorce lawyers. If your divorce is in UK, we can put you in touch with our local partners.

Conciliation in the case of divorce in France

Conciliation is required in case the divorce procedure is completed in court, according to the French Family Law. The judge will try to reconcile the spouses during the first hearings, and among the measures disposed by the court are mediation and the possibility of the spouses to have separate residences. If reconciliation cannot help the couple, the judge will then:

•  decide on the spouse to use the conjugal home (the parent entrusted with the children’s custody will be allowed to use it in most cases);
•  decide on the children’s place of residence and custody, as well as alimony and support;
•  make an estimated inventory of the assets acquired by the spouses during the marriage;
•  establish the maintenance payment dates and methods, in accordance with the law;
•  appoint a public notary to draft a liquidation plan of the matrimonial assets of the spouses.

Our law firm in France can offer more information on how court proceedings are completed in case of divorce. Talk to our French-speaking divorce lawyer for complete details.

Documents required when filing for divorce in France

Where the divorce reaches court proceedings, the following documents must be prepared by the spouses:

•  the identification papers of both spouses;
•  the residence permit of one or both spouses, if they are foreign citizens living in France;
•  the family record book, if the marriage was registered in France;
•  the divorce petition;
•  the agreement drafted by the spouses;
•  information about the property and assets of the spouses;
•  information about the income of each spouse;
•  information about the children (where applicable);
•  the prenuptial contract (if any).

You can also rely on our divorce attorneys in France for divorce proceedings if you are a foreign citizen living legally in France.

How is the divorce procedure completed in France?

Irrespective of the causes that have led to a divorce in France, an important step is the division of property after divorce. The divorce procedure includes the liquidation of the matrimonial regime and the division of the assets acquired during the time of the marriage. The matrimonial regime in France comprises a series of legal provisions for spouses that help them govern their financial relations during and after the end of the marriage.

Short details about custody after a divorce procedure in France

According to the Family Law in France, children are protected in the case of divorce. The French authorities sustain the rights of children after separation, and normally, joint custody is the proper solution. This means that both parents will have to act in the best interest of minors, in terms of education, living conditions, and more. We also mention that the parents with higher incomes must offer child support until 18 years of age. Our French divorce lawyer can tell you more about custody and divorce procedures.

Here are also some facts and figures about divorce and marriage in France:

• More than 62,000 divorce cases were registered in France in 2018.
• The divorce rate in France rose by 40% in the past decade.
• Same-sex marriage has been legal in France since 2013, with more than 4,000 being registered in 2020.
• Nearly 148,000 marriages have been registered in France in 2020.

FAQ about divorce in France

Here are some frequently asked questions about the divorce procedure in France:

Choose our French-speaking divorce lawyer

The divorce procedure might get complicated for those who do not have a clear picture of the legislation. This is where our French divorce attorneys can represent individuals interested in separation in France. We have a dedicated team of lawyers in France with experience in matters related to Family Law; therefore, you can completely rely on our support. The divorce procedure in France is not complicated if you comply with the formalities and get help from a specialist. Feel free to discuss all the legal matters with our divorce lawyers in France and be informed about all the aspects right from the start.

Please contact our law firm in France for other legal issues or more information about the Family Law in France.