Divorce by mutual consent


Divorce by mutual consent is a simplified divorce procedure. It assumes that you agree both on the principle of divorce and on all the points that result from it: child custody, alimony, allocation of secondary residence, division of property, etc.


If this is the case, this is undoubtedly the preferred solution, especially since if the separation dates back at least 6 months, the procedure can be entirely written and in principle you will not even have to appear before a judge.


We will see the different steps of the procedure below, then the documents you need to prepare.



The three stages of divorce by mutual consent


First step of the procedure: the drafting of the convention by your lawyer.


If you have child(ren) of under 18, a childcare system must be provided for as well as the sharing of costs including a possible maintenance contribution.


The division of property, furniture, bank or real estate assets must have been settled in advance or be the subject of an agreement to be formalized in the convention.


Finally, a possible pension from one of the spouses to the other must also be the subject of an agreement and be included in the convention.


Once the convention has been signed, your lawyer will draft the request according to the forms prescribed by law and will file it at the clerk of the Family Court of the district of your last common residence.


Second step (optional) of the procedure: appearance in court


Your lawyer will notify you of a possible summons. As said above, if you have been separated for at least 6 months, the procedure will be written and you will not be summoned, unless the Court considers, for example, that the convention do not respect the interests of the children or if the convention is incomplete.


Third and final step: the divorce judgment and its transcription


In principle, within one month of filing the convention, the judgment of divorce will be sent to your lawyer who will send it to you.


The court registry will also send it to the registrar where your marriage was celebrated with a view to its transcription in the registers of the municipality.

There are therefore no bailiff fees to pay as in the case of divorce for irremediable disunity.


Assuming that you go to your lawyer with a comprehensive agreement, the divorce can therefore be closed in three months.



For the list of documents to prepare and give to your lawyer, see here .