Since 1 January 2017, French divorce by mutual consent takes place without a judge: an agreement drafted and signed by each spouse’s lawyer is deposited with a notary (Article 229-1 of the Civil Code). It is quick and less confrontational, but is not a court decision, which can cause difficulties abroad.
- Within the EU, except Denmark, it is recognized without proceedings as an agreement under Brussels II ter (Article 65), for agreements registered since 1 August 2022, on presentation of the certificate under Article 66. France must nevertheless have had jurisdiction under the Regulation (Article 64), and the child must have been informed of their right to be heard.
- Outside the EU, recognition is often uncertain or refused if the country recognizes only judicial divorce. The risk is being divorced in France but still married in the other country, with consequences for remarriage, succession and assets.
Before choosing this route, check the law of every country involved, with a local colleague if necessary. If recognition is doubtful, the safer option is to negotiate the whole agreement and obtain its approval in a judicial divorce accepting the principle of marital breakdown (Articles 233 and 268 of the Civil Code). An agreed divorce does not necessarily mean divorce without a judge.