Divorce decree

Definition

Divorce is the act that signifies the official dissolution of a marriage. It is a legal procedure that defines the civil status of each person involved. The divorce must be recorded on the marriage certificate and on the birth certificates of the former spouses.

Divorce does not exist for people who have signed a civil partnership agreement or for people living together as common-law spouses.

History

Divorce was introduced in 1792 with various grounds accepted: mutual consent and absence for more than five years, for example. In 1804, the Civil Code restricted divorce by mutual consent.
Divorce was then abolished from 1816 to 1884 and completely reformed in 1975 with new grounds accepted. The law of May 26, 2004 further simplified the divorce procedure.

There are currently four types of divorce:

  • Fault-based divorce
  • Divorce granted
  • Divorce by mutual consent
  • Divorce due to irretrievable breakdown of the marriage

To get divorced in Cesseras (as everywhere else in France), the procedure does not take place at the town hall. The Cesseras town hall can only record your divorce on your civil status records after the divorce has been finalized.

Divorce is a procedure that requires the assistance of a lawyer and is carried out either before a notary (for an amicable divorce) or before the Family Court Judge (JAF) of the competent Judicial Court for Cesseras (in the Hérault department).

There are four types of divorce proceedings in France:

1. Divorce by Mutual Consent (without a judge)

This is the fastest procedure if you and your spouse are in complete agreement on the principle of divorce and all its consequences (child custody, alimony, compensatory allowance, division of property).

  • Attorneys: Each spouse must have their own attorney. It is not possible to have a joint attorney.
  • Agreement: Your attorneys will jointly draft a divorce agreement detailing all the terms of the settlement.
  • Registration: After a mandatory 15-day cooling-off period, the agreement is signed by the spouses and their lawyers, then filed with a notary (this filing makes the divorce legally binding).
  • Exception: If a minor child requests to be heard by the judge, this procedure is not possible and the divorce reverts to a judicial process.

2. Contested Divorces (with a judge)

If you and your spouse cannot agree on the principle of divorce or its consequences, you will have to appear before the Family Court Judge (JAF). Here again, the assistance of a lawyer is mandatory.

There are three types of legal divorce:

Type of divorceConditions
Divorce grantedBoth spouses agree to divorce, but cannot reach an agreement on the consequences (financial, family, etc.).
Divorce due to irretrievable breakdown of the marriageA spouse may file for divorce by proving that the couple has not lived together for at least one year prior to the date of the divorce petition.
Fault-based divorceOne spouse accuses the other of a serious or repeated breach of marital duties and obligations, making it impossible to continue living together (e.g., violence, infidelity, failure to contribute to marital expenses, etc.).

Summary of the procedure to follow:

  1. Choose the procedure: Determine whether you can opt for a divorce by mutual consent or whether you must initiate contentious proceedings.
  2. Contact a lawyer: Regardless of the type of divorce, you must contact a lawyer specializing in family law. Your lawyer will guide you through the entire process.
  3. Territorial jurisdiction: The lawyer will file the divorce petition (amicable or contentious) with the competent authority (notary or court) for the family’s place of residence or, in certain cases, that of the petitioning spouse.

The first step is therefore to make an appointment with a lawyer.

the divorce decree

What is a divorce decree?

A divorce decree is a legal document proving that two people who were previously married have divorced. The divorce decree justifies a change in marital status.
Divorced persons are no longer subject to the mutual obligations of civil marriage.

A divorce decree is also called a divorce judgment.

In France, there is no divorce decree as such, but two main documents that officially certify the dissolution of the marriage:

1. Full Copy of the Marriage Certificate (with marginal note)

This is the civil status document that proves your divorce for routine administrative procedures. The divorce is noted in the margin of your marriage certificate (and your birth certificate) once the decision is final.

Procedure for obtaining it in Cesseras:

  • Where should you go? You must go to the town hall where your marriage was celebrated. If you were married in Cesseras, you must submit your request to the civil registry office at Cesseras Town Hall.
  • How do I apply?
    • Online: Some town halls offer online services for requesting civil status certificates.
    • By mail: Send a letter to the Cesseras Town Hall, specifying:
      • Your full name (birth name and married name).
      • The date of your wedding.
      • The first and last names of your ex-spouse.
      • Your mailing address for sending the document.
      • Please attach a photocopy of your ID.
    • On site: You can go to the counter at Cesseras Town Hall.
  • Document obtained: The town hall will issue you with a full copy of your marriage certificate, which will include the following (or similar) note in the margin: “Divorce granted on [date] by [reference to the decision or notarized filing].”

2. The Court Decision (Judgment or Settlement Agreement)

This document proves the specific terms of the divorce (child custody, alimony, etc.) and is often requested by notaries or other legal professionals.

Procedure for obtaining it:

  • If the divorce is judicial (with a judge):
    • You must request a copy (simple or enforceable) from the clerk of the court that granted the divorce. This is usually the court in your place of residence at the time of the proceedings (for Cesseras, this would probably be the court in Béziers or Montpellier).
    • You can use form Cerfa no. 11808*06.
  • If the divorce is by mutual consent (without a judge):
    • The document certifying your divorce is the divorce agreement filed with a notary.
    • You must contact the notary who filed the agreement. He or she is the only one who keeps the original and can issue you a copy.
  • Your lawyer: In all cases, the lawyer who handled your divorce normally has a copy of the decision or agreement. They can provide you with a duplicate or assist you with the process.

In summary, to prove that you are divorced, request a full copy of your marriage certificate from the Cesseras Town Hall (if you were married there). If you need the text of the decision itself, contact the court or notary who handled it.

How can I obtain a divorce certificate?

When the divorce is granted, the family court judge will give you a divorce decree. This document must be kept in a safe place by both parties.

Definition of divorce decree: record of the divorce decision.

I have lost my divorce decree. What should I do?

Have you lost your divorce decree? Do you need it for administrative procedures?

You can request two different types of copies of your divorce certificate:

  • An enforceable copy
    • This document may be requested if your ex-spouse does not comply with the decisions made by the judge (child custody, for example).
    • It allows you to hire a bailiff who will enforce the decisions by compelling your ex-spouse to comply with the terms of the judgment.
  • A simple copy
    • This is a certified copy, a duplicate of your divorce decree. It allows you to complete all your administrative procedures, such as applying for retirement, filing your tax return, etc.

Who can request a duplicate copy of a divorce decree?

An enforceable copy may only be requested by persons directly involved in the proceedings (the spouses). A simple copy of the judgment may also be obtained by the heirs.

How do I apply for a divorce certificate?

For all requests for copies of divorce decrees, you must compile a complete file including:

  • Form cerfa no. 11808*05,
  • Certified copy of national identity card,
  • Extract from the marriage certificate bearing the transcription of the divorce or an extract from the transcription of the divorce,
  • Official letter of request.

Annuaire-Mairie assists you with this administrative process of applying for a divorce certificate by preparing a complete file for you.

The request for a divorce certificate must be sent to the clerk of the court that issued the divorce decree.

If the civil judgment is too old, the court may not be able to issue it. You will then need to consult the departmental archives (if you are a genealogy enthusiast and are looking for your great-grandmother’s divorce certificate, keep this in mind!).

What is the purpose of a divorce decree?

The divorce decree is very important. If you have lost your divorce decree, you must request a duplicate.

You will be asked to provide your divorce decree for:

  • Request for termination of investment made as a couple,
  • Application for pensions and benefits,
  • School enrollment
  • If the divorced person wishes to remarry, the divorce certificate must be presented to the town hall.
  • Retire,
  • Tax return,
  • Administrative procedures for his children, such as applying for identity cards.