Section actions
Duration: 1–3 months (without minor children); 6–18 months (before the judge)
Cost: 1 000–3 000 € for the couple (lawyers + notary)
On-site only
Who this guide is for
Section actions
- You if you and your spouse agree on everything (goods, custody, pension) and want a quick divorce
- You if you don't have minor children and want to avoid the court
- You if you want to understand the cost and delays
To be prepared in advance
Section actions
- List of common assets (real estate, accounts, furniture) with estimate
- Agreement on Child Custody and Maintenance (if children)
- Choice of name (keep the marital name or take the maiden name)
Step-by-step procedure
Section actions
- 1Check eligibility for non-court proceedings: no minor children, no request for protection of vulnerable persons, no request for revision of the Convention. In the presence of minor children — only before the judge (contentious procedure).
- 2Find a lawyer: each spouse must have his or her own (since 2017). Cost: 500–1,500 € per lawyer. Choose a family law lawyer via counsel-national-des-barreaux.fr.
- 3Write the divorce agreement with lawyers: distribution of property, compensatory benefit (if unequal income), custody of children, maintenance, tax impacts. One lawyer prepares the draft, the other revises it.
- 4Signature: each spouse receives the draft agreement, with a reflection period of 15 days. Then each sign to his lawyer. Date of signature = date of divorce (immediate effect).
- 5Deposit with the notary: one of the lawyers (or the spouses) deposits the agreement with a notary within 7 days of the signature. The notary checks (formalities) and issues a receipt. Cost of notary € -50.
- 6Receipt = divorce. Serves to update your status : town hall (civil status), taxes (online at impots.gouv.fr), CAF, bank. For a change of name — approach in town hall.
- 7Compensatory benefit: In case of a marked income gap, one spouse pays to the other (capital or annuity). Calculated according to articles 270–278 of the Civil Code. Versatable once or in several times.
- 8If minor children: litigious procedure — separate application to the family judge. The judge checks the interests of the children, the custody, the right of access, the maintenance. Deadline: 6–18 months.
- 9For foreigners: a divorce in France is recognized in the country of origin according to bilateral conventions. Russian divorce — separate procedure in ZAGALS/s Russian court.
Common mistakes
Section actions
- To believe that one can divorce without a lawyer — for mutual consent, two separate lawyers are required.
- Do not include a compensatory benefit in case of income differential — a spouse can then claim it before the judge.
- Forget to update the status everywhere: taxes, CAF, banking, insurance — each service has its own process.
- Place the agreement with the notary beyond 7 days after signature — invalid procedure, you must resign.
- Consolidate divorce by mutual consent and acceptance (the latter — agreement on the principle of divorce, but not on property).
Official sources
Section actions
Show sources in this section
Important remark
Divorce is governed by the Civil Code (articles 229–247). Indicative information; for your case, consult a family law lawyer.
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