I want to get divorced. How can I justify it? What grounds can I invoke?
In accordance with Article 229 et seq. of the Civil Code, French law provides four grounds for divorce, including divorce by mutual consent if you agree on the principle of divorce and all its effects (see special information sheet) and three types of contested divorce:
● Divorce by acceptance (or acceptance of the principle of separation)
What is it? You agree to divorce, but leave it to the judge to decide on the consequences of the divorce.
What are the specific features? The desire to divorce is recorded in writing (minutes of acceptance of the principle of separation), countersigned by your lawyers. You will therefore no longer be able to invoke fault as the cause of the divorce at a later date.
What are the steps in the procedure?
- The judge only rules on the consequences of your divorce.
- He verifies that your consent to the divorce is free and informed.
● Divorce on the grounds of irretrievable breakdown of the marriage
What is it? You have been separated from your spouse for at least one year. You must therefore have been living separately for more than a year and be able to prove it.
What are the conditions?
- Your cohabitation must have ceased at least one year prior to the date on which the judge rules on your divorce petition, if your divorce petition does not specify the grounds for divorce, or on the date of the petition if it does specify the grounds. Please note that if you resume cohabitation, the time limit is reset.
- You must provide proof of this separation, for example through rent receipts, police reports, correspondence, separate tax returns, witness statements, etc.
What are the specific features of this type of divorce? You do not need to agree on the principle of divorce. Furthermore, the judge cannot refuse to grant the divorce if the de facto separation is proven. Finally, it can be used as a subsidiary claim to fault-based divorce.
● Divorce on the grounds of fault
What is it? One of you has committed a serious and repeated fault.
What are the conditions?
1. A serious or repeated violation of a marital duty: fidelity, assistance, support, etc.
2. This fault must be attributable to the spouse and make life together intolerable.
3. Proof may be provided by any means: testimony, reports, certificates, etc.
4. There must have been no subsequent return to living together (reconciliation).
Gaëtan ESCUDEY is available to advise you on the grounds to choose for your divorce application depending on the strategy adopted.