Divorce for Irretrievable Breakdown of the Marriage

The divorce for irretrievable breakdown of the marriage is one of the main types of contested divorce in France.

It allows one spouse to petition for dissolution of the marriage without having to prove fault by the other spouse, based solely on the durable breakdown of the marital relationship.

This article clearly outlines all applicable rules for this type of divorce.

1. Definition and Legal Principles

The divorce for irretrievable breakdown of the marriage is provided for under Article 237 of the French Civil Code.

It allows either spouse to file for divorce when they consider that the marital bond has been “irretrievably broken.”

This breakdown results from the cessation of cohabitation and shared life between the spouses, meaning they have been living apart for a certain period of time.

This type of divorce follows an objective logic: it is not about determining fault, but rather establishing that the marriage has effectively come to an end.

2. Separation Period: When Must It Be Met?

2.1. Required Period of Separation

Since the reform effective January 1, 2021, the minimum period of separation required is one year.

2.2. Date for Assessing the Separation Period

The reform also modified how the timeline is calculated:

- - If the divorce petition specifically cites irretrievable breakdown as the ground: the one-year separation must have been completed by the date the petition is filed.
  - If the petition is filed without specifying a ground: the separation period is assessed at the time the divorce is granted.

3. Required Conditions and Evidence

- - End of shared life: The petitioner must prove both physical and emotional separation.
  - Proof of separation: The spouse filing for divorce must provide evidence, such as witness statements, lease agreements, utility bills, or other documents confirming separate living arrangements.

4. Procedure: Steps and Key Features

4.1. Filing with the Court

This divorce is filed with the family court judge (juge aux affaires familiales) of the competent judicial court.

4.2. Filing the Petition

Since January 1, 2021, divorce proceedings have been simplified: there is no longer a mandatory conciliation phase.

The petition is filed by way of summons (assignation) or joint petition.

4.3. Provisional Measures

The judge may order provisional measures at the first hearing if requested.

If neither spouse requests provisional measures and the separation period is already complete, the judge may close the case at the orientation hearing and immediately grant the divorce.

5. Relationship with Other Types of Divorce

5.1. Competing Claims

When a petition for divorce on the ground of irretrievable breakdown and a petition for divorce on the ground of fault are filed simultaneously, the judge examines the fault-based divorce first.

If the fault-based divorce is denied, the judge will then rule on the petition for irretrievable breakdown.

5.2. Waiver of the One-Year Requirement in Case of Competing Claims

If multiple grounds are filed concurrently (fault and irretrievable breakdown, for instance), the divorce for irretrievable breakdown can be granted without waiting for the one-year separation period.

6. Consequences of Divorce for Irretrievable Breakdown

6.1. Personal and Property Consequences

- - Effect on marital property: The marriage is dissolved, with respect to property rights, as of the date the divorce petition is filed, unless the spouses jointly request that the date be moved back to the day they ceased living and collaborating together.
  - Financial consequences: These include compensatory spousal support, liquidation of the marital property regime, and other financial matters, which are handled in the same manner as for other types of contested divorce.

6.2. Damages

- - A spouse may seek damages if the divorce causes them serious harm, especially if they did not initiate the divorce petition.
  - Additional damages may be awarded under Article 1240 of the French Civil Code if harm results from circumstances distinct from the dissolution of the marriage itself.

7. Conclusion

The divorce for irretrievable breakdown of the marriage provides a straightforward and objective path to dissolving the marriage when shared life has ended permanently.

Recent reforms have streamlined the procedure, shortened the waiting period, and aligned its consequences with those of other contested divorces.

This form of divorce enables a no-fault separation, focusing on the reality of the breakdown rather than attributing blame, and thus often leads to a less contentious process.

For tailored advice, it is recommended to consult with a family law attorney to choose the most appropriate legal strategy.

For any assistance, feel free to schedule an appointment.