How does a divorce by mutual consent work?

If you agree on the principle of divorce and all its consequences, then you can divorce by mutual consent (divorce par consentement mutuel). This is an amicable divorce, by means of a lawyer’s deed (acte d’avocat).

However, this option is not available if one of your minor children wishes to be heard by the judge or if one of you is under a legal protection regime (temporary court protection, guardianship, or curatorship, i.e., sauvegarde de justice, tutelle, or curatelle).

Procedure for divorce by mutual consent:

• You must each choose a lawyer with whom you will discuss the terms of the divorce, your expectations, and your needs.
• Your lawyers will negotiate the terms of the divorce agreement, taking into account all the interests involved.
• Once the negotiations are complete, your lawyers will draft the agreement formalizing all the points of agreement.
• You will receive the agreement by registered letter with acknowledgment of receipt.
• You will have 15 days to reflect on the proposed agreement.
• A meeting will be organized with you, your spouse, and your respective lawyers to sign the divorce agreement together.
• The designated lawyer will then send the signed agreement to a notary within 7 days.
• The notary will file the agreement among their official records (au rang des minutes) within a maximum of 15 days. This filing makes the divorce enforceable.
• The notary will send a certificate of filing to your lawyer, confirming that the agreement has been registered correctly.
• Finally, the divorce agreement will be transcribed at the town halls where the spouses were born and married so that the divorce is enforceable against everyone and officially recognized.

Advantages of divorce by mutual consent

• Speed: this procedure is faster than other divorce procedures. It can be finalized within a few months.
• Reduced cost: generally less expensive, its costs are mainly related to lawyers’ fees and administrative costs.
• Less contentious: based on mutual agreement, this type of divorce helps preserve a cordial relationship, which is particularly beneficial if you have children.
• Confidentiality: the details of the divorce remain private, unlike in a judicial divorce. Only the notarial certificate will need to be disclosed to third parties.
• Freedom and flexibility: you can have a “tailor-made divorce,” as long as its terms comply with public policy (ordre public) and do not contain any unfair clauses.

Gaëtan Escudey is available to assist you with your divorce by mutual consent if it is appropriate for your situation.

This general information does not replace a consultation: each situation requires individual assessment.