The divorce procedure in France depends on the type of divorce chosen. There are four types, grouped into two main categories: divorce by mutual consent (amicable, without a judge in most cases) and contested divorces (before a judge).
In all cases, the assistance of a lawyer is mandatory.
1. Divorce by mutual consent (or “amicable divorce”)
This is the fastest and least expensive procedure, as it is simplified and generally takes place without the involvement of a judge.
Conditions
- Both spouses agree on the principle of divorce AND on all its consequences (division of property, compensatory allowance, child custody, alimony).
- This divorce is not possible if a minor child requests to be heard by the judge.
- This divorce is not possible if a minor child requests to be heard by the judge.
The steps of the procedure
| Step | Action | Role of stakeholders |
| 1. Choosing and meeting with lawyers | Each spouse chooses their own lawyer. | Lawyers collect documents (marriage certificates, birth certificates, proof of income/assets) and advise their clients. |
| 2. Drafting of the Agreement | The lawyers draft the divorce agreement, which details all the agreements between the spouses (financial consequences, custody of the children, liquidation of the matrimonial property regime, etc.). | The spouses and their lawyers negotiate to reach a comprehensive agreement. If there is joint real estate, a notarized settlement agreement must be drawn up before signing. |
| 3. Reflection period | Each lawyer sends the agreement to their client by registered letter with acknowledgment of receipt. | A mandatory cooling-off period of 15 days begins upon receipt of the agreement. The spouses may not sign anything before the end of this period. |
| 4. Signing of the Agreement | Both spouses and their two lawyers sign the divorce agreement at the same time. | The agreement is signed in multiple copies. |
| 5. Deposit with the notary | One of the attorneys files the signed agreement with a notary public. | This filing gives the agreement its enforceability and certain date, formalizing the divorce. |
| 6. Advertising formalities | The lawyer completes the formalities for recording the divorce on civil status documents (marriage and birth certificates). | The divorce is then enforceable against third parties. |
2. Contested Divorces (with a judge)
These procedures are used when the spouses disagree either on the principle of divorce or on its consequences. They require the intervention of the Family Court Judge (JAF).
The three types of contested divorces are:
- Divorce by mutual consent: the spouses agree to divorce, but not on all the consequences.
- Divorce on the grounds of irretrievable breakdown of the marriage: the spouses have been living apart for at least one year at the time of the divorce petition.
- Fault-based divorce: one spouse accuses the other of serious or repeated violation of marital duties and obligations (adultery, violence, abandonment of the marital home, etc.).
The stages of the litigation process (simplified since 2021)
| Step | Action | Role of stakeholders |
| 1. Initial request | A spouse (the petitioner) files a petition for divorce with the court through his or her lawyer. It sets out the requests for provisional measures and divorce. | The lawyer drafts the petition and submits it to the family court judge. |
| 2. Orientation hearing and hearing on provisional measures (AOMP) | The JAF summons the parties and rules on the provisional measures that will apply during the proceedings (allocation of the marital home, residence of the children, provisional alimony, etc.). | The JAF makes a decision to organize the spouses’ lives until the divorce is finalized. |
| 3. Preparation phase (or investigation phase) | The proceedings continue with exchanges of arguments and documents between the lawyers. This is the longest phase. | Lawyers prepare the case on its merits and may raise procedural issues. Attempts at mediation may take place. |
| 4. Pleading hearing and judgment | When the case file is ready, the judge sets the date for the hearing where the lawyers present their arguments orally. | The JAF pronounces the divorce and rules on all its consequences (compensatory allowance, division of property, etc.). |
| 5. Advertising formalities | Once the judgment has become final (in the absence of an appeal), the lawyer proceeds to record the divorce on the civil status records. | The divorce is official. |
Important: The duration of a contested divorce varies greatly, but it is significantly longer than a divorce by mutual consent (ranging from 12 to 30 months, or even longer).