The Key Stages of Divorce in France

In France, divorce is a structured legal process that varies depending on the type of divorce chosen.

Here is an overview of the main common and specific stages of each procedure.

1. Choosing the Type of Divorce

There are four main types of divorce in France, each based on specific conditions:

• • • Divorce by mutual consent: Both spouses agree on the principle of the divorce and on all its consequences. Since 2017, this type of divorce can be extrajudicial (a private agreement countersigned by lawyers and filed with a notary) or judicial (when, for example, a minor child requests to be heard by the judge).
    • Divorce by acceptance of the principle of marital breakdown: The spouses agree to divorce but not necessarily on its financial or parental consequences (division of assets, child custody, etc.). In such cases, the intervention of a judge is required.
    • Divorce for fault: This is sought when one spouse reproaches the other for serious misconduct (such as infidelity, domestic violence, or abuse) that makes cohabitation intolerable.
    • Divorce for irretrievable breakdown of the marriage: This is granted when the spouses have lived apart for at least one year, evidencing the permanent end of their marital life.

2. Initiating Divorce Proceedings

Whether amicable or contentious, divorce in France requires legal representation — each spouse must be assisted by their own lawyer.

Depending on the chosen procedure:

• • • In an extrajudicial divorce by mutual consent, the lawyers draft a written agreement setting out all terms of the divorce (asset division, parental arrangements, alimony, etc.), which is then filed with a notary.
    • In all other forms of divorce, proceedings are initiated before the Family Affairs Judge by filing a formal petition (assignation) served by a bailiff (huissier de justice).

3. Provisional Measures (if necessary)

The judge may order provisional measures to organize the spouses’ and children’s daily lives during the proceedings — such as:

• • • allocation of the family home,
    • temporary spousal maintenance,
    • child support,
    • and custody arrangements.

These measures remain enforceable until the divorce judgment becomes final.

4. Adversarial Phase and Exchange of Arguments

In contentious divorces, each spouse presents their claims, evidence, and arguments before the Family Judge.

Lawyers play a key role in safeguarding their clients’ rights and ensuring a fair balance.

If the spouses reach a partial or total agreement during this phase, the process may be significantly expedited.

5. Pronouncement of the Divorce

A hearing is held before the Family Judge (except in extrajudicial divorces).

The judge reviews all relevant documents and arguments before rendering a divorce judgment for contentious cases, or approving (homologating) the agreement for judicial divorces by mutual consent.

6. Division of Marital Assets

The spouses must proceed to the division (liquidation) of their marital or jointly held assets, either:

• • • During the divorce proceedings (for judicial divorces), or
    • Before filing with the notary (for extrajudicial divorces by mutual consent).

If real estate is involved, a notary’s intervention is mandatory.

• • • In case of agreement, a liquidation agreement is drafted and may be approved by the judge.
    • In case of disagreement, the Family Judge decides on the division.

7. Effects of Divorce

Once the divorce judgment is final, all ancillary measures (child custody, maintenance, compensatory allowance, etc.) take effect.

The spouses are then legally and financially separated.

Summary Table of the Key Stages

Depending on the circumstances — presence of children, assets, or disputes — certain stages may be longer or more complex.

Seeking guidance from a family law attorney is essential to ensure a smooth and secure process.

For legal advice or representation, do not hesitate to book an appointment.

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