In French law, divorce refers to the legal dissolution of marriage, pronounced either by a judge or by a lawyer’s act filed with a notary according to the chosen form. Each type of divorce follows its own timeline and formalities, making the preparation of the file crucial for the duration and cost of the procedure.
Asset mapping and budget planning before any steps
Even before contacting a lawyer, gathering a complete overview of the couple’s assets changes the course of the procedure. Bank statements, property titles, life insurance contracts, loan amortization tables: these documents help quantify the actual situation and avoid unpleasant surprises at the time of division.
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Establishing a budget in advance prevents financial blockages during the procedure. This budget includes lawyer fees (set by a fee agreement signed before the start of the mandate), any notary fees, judicial officer fees, and the cost of separate housing if the shared residence is vacated.
To better understand the complete timeline, the divorce procedure on Cap Famille details the steps from the agreement to the final signature.
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Spouses with insufficient resources can apply for legal aid, which covers all or part of the costs. This request should be prepared in advance to avoid delaying the start of the procedure.
Mutual consent divorce: the process without a judge since 2017
Since the 2017 reform, mutual consent divorce no longer goes before a judge, except when a minor child requests to be heard. Both spouses choose a lawyer, and then the lawyers jointly draft an agreement that addresses all the consequences of the divorce: asset division, alimony, child custody, compensatory allowance.
Once the draft agreement is finalized, each spouse has a reflection period of fifteen days before signing. This period begins from the receipt of the draft by registered mail. No signature can occur before its expiration.
After being signed by both spouses and their respective lawyers, the agreement is filed with a notary within seven days. The notary checks compliance with deadlines and formalities, then registers the deed. The divorce then takes effect without a hearing or judgment.
Documents to gather for the amicable agreement
- Complete copy of the marriage certificate and birth certificates of the spouses (and children if applicable), dated within the last three months
- Marriage contract or certificate of non-PACS, proof of real estate and personal property, statements of joint and personal bank accounts
- Proof of income for the last twelve months (pay slips, tax notices), certificate of separate residence if the separation is already effective
- Notarized liquidation statement if the couple owns real estate, mandatory for proceeding with the division
Contentious divorce: the steps since the 2021 reform
When the spouses cannot reach a global agreement, the contentious divorce procedure applies. The reform resulting from the law of March 23, 2019, which came into effect on January 1, 2021, has profoundly changed its course.
Summons and orientation
The former conciliation hearing has disappeared. The applicant’s lawyer directly summons the family court judge through a divorce summons, specifying the legal basis relied upon (fault, definitive alteration of the marital bond, acceptance of the principle of separation). The territorially competent judge is the one in the family’s place of residence or, failing that, the one in the residence of the spouse with whom the minor children live.
During the orientation hearing, the judge sets the timeline for the procedure and may order provisional measures: allocation of the marital home, setting a provisional alimony, organizing the children’s residence. These measures apply throughout the duration of the proceedings.
Preparation and judgment
During the preparation phase, each lawyer exchanges conclusions and supporting documents. The preparation judge ensures compliance with the timeline and resolves any incidents (requests for document disclosure, challenges to provisional measures).
The judgment hearing occurs once the file is complete. The family court judge pronounces the divorce, rules on the compensatory allowance, child alimony, asset division, and parental authority. The judgment can be appealed within one month of its notification.
Compensatory allowance and alimony: two distinct concepts
The confusion between these two mechanisms remains common. The compensatory allowance aims to correct the disparity in living standards created by the breakdown of the marriage. It is determined based on the duration of the marriage, the age and health status of the spouses, their professional qualifications, and their respective assets. It is most often paid in the form of capital.
The alimony, on the other hand, concerns the contribution to the maintenance and education of the children. Its amount is set based on each parent’s resources and the child’s needs. It remains due until the child achieves financial independence, including beyond the age of majority if they continue their studies.
These two elements are negotiated or litigated separately. In an amicable divorce, they are included in the agreement. In a contentious divorce, the judge rules on each of them in the divorce judgment.
The choice between amicable and contentious divorce does not solely depend on the level of agreement between the spouses. The complexity of the assets, the presence of minor children, and the existence of disagreements on a single point (custody, amount of alimony) can sometimes lead to a judicial procedure, even when the principle of separation is agreed upon.