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Divorce By Mutual Consent

Divorce by mutual consent is a divorce procedure where the spouses agree to terminate their marriage and the consequences thereof.

All About Divorce By Mutual Consent

Divorce by mutual consent is a divorce procedure where the spouses agree to terminate their marriage and the consequences thereof.

This procedure has recently undergone an innovation thanks to Decree No. 2016-1907 of 28 December 2016 , the aim of which is to simplify the amicable divorce for the spouses and release the judge from the charge of such a procedure.

How Is This Innovative Procedure Organized To Divert The Dissolution Of Marriage?   

A New Procedure Since 1 St January 2017

It there any possibility to proceed to a divorce by mutual consent without going to the Family Justice Judge (JAF), unless one of the children of the spouses asks to be heard by the judge. This divorce requires the establishment of an agreement between the spouses, which will be drafted by their respective lawyers and filed with the notary. 

How Does The Procedure Take Place ?

Couples opting for this simplified procedure will have to establish a

divorce agreement drafted by their respective lawyers which will determine the division of property, parental authority and the presence or absence of alimony and / or compensatory benefits. In fact, if the couple has kids, it will be necessary to attach to this agreement a form completed by the children and certifying that they are aware of their rights. 

It should be noted that this agreement cannot be signed by the spouses before the expiry of a reflection period of 15 days from the receipt of the draft convention drafted and sent by the lawyer (registered mail with acknowledgment of receipt). Any signature before this deadline cancels this agreement.

After having established the divorce agreement, the deeds are signed by the spouses and their lawyers before being sent to the notary who will file the divorce agreement at the level of the minutes (registration by the notary of a private deed that has been submitted). In return, the lawyers will receive a certificate of deposit allowing them to register the divorce on the birth certificate and the marriage certificate of the spouses.

Warning! If you are married under the protection scheme, you can not benefit from this type of simplified procedure.

How Much Does A Divorce By Mutual Consent Cost?

The cost of divorce varies according to the lawyers’ fees. Also, there are notary fees and subsidiary costs of the notary in the event of a liquidation statement relating to the immovable property or an allocation of real estate for a compensatory allowance.

Except for one precision in the convention, the expenses of this divorce are shared by half by the ex-spouses.

For your mutual consent divorce procedure to proceed as smoothly as possible, we advise you to call a divorce lawyer.

Divorce And Children: The Homework Of Parents

Divorce and children: divorce should not put the child at the center of the conflict.

Parents have a duty to make sure that their decision to separate and the measures concerning their children will be taken into consideration for their interest with the constant concern to leave them outside the adult conflict.

Agree To Share Parental Authority

Parents must realize that, despite their separation, they must continue to be close to their children and remain attentive to their evolution.

With the exception, parents are jointly invested with parental authority. Parental authority is a set of rights and duties whose purpose is the best interests of the child until the age of majority.

In any case, the Family Court Judge  (when intervening in the divorce proceedings) will take care to safeguard the interests of the children, a fundamental principle that will govern the decisions that he or she will take during the procedure.

In spite of the divorce procedure, the parents both remain responsible for their child, for whom they must continue to ensure development and education together.

None of the parents should be excluded by the other decisions concerning children. Each parent must be able to maintain regular relationships with their child. Thus, each parent must be able to obtain the notebooks of their children from schools and participate in their orientation, participate in the choice of medical treatment, an educational method, a religious practice, an instrument, the exercise of a sport.

Some Cases Of Non-Shared Parental Authority

However, if the interest of the child orders it, the judge can entrust the parental authority to only one of the parents  :

Cases Of The Unilateral Exercise Of Parental Authority Remain Quite Rare.

This is the case when one of the parents has failed seriously in his duties and obligations towards the child (violence, sexual assault, alcoholism, incarceration …): he will however retain the right to be informed about the life of his child.

Supporting Children’s Needs Beyond Divorce

Finally, each of the divorced parents must contribute to the maintenance and education of the children according to their resources, their expenses, those of their ex-spouse and the needs of the children: this contribution is due beyond their majority until they receive a regular income equivalent to the SMIC.

In the event of disagreement on the modalities of the parental authority, the judge in family matters will settle the existing conflicts.

Divorce And Children: The Children’s Residence

Parents should in principle be able to determine together the place of residence of their children. Children should be involved in this decision based on their age and maturity.

Residence, An Often Conflicting Issue

Unfortunately, the determination of their residence is all too often a matter of discord between parents to the detriment of children.

The Judge Tries To Reconcile The Parents:

He may offer them a mediation measure or order them to meet a family mediator who will inform them about the purpose and conduct of this measure, which does not constitute an obligation.

In the absence of agreement, the family court judge will decide the difficulties according to the interests of the children with the concern of not separating them from their brothers and sisters except if their interests order another solution.

Before making his decision, the judge may wish to be enlightened on the moral and psychological situation of the family:

He will then order a medico-psychological investigation of the parents and children by appointing a psychiatric expert and/or a psychologist who will prepare a report containing their findings.

A social inquiry can also be carried out by the social services at the request of the judge anxious to know the material situation of the family.

Their findings, recorded in a report, will be communicated to the parties who will then be able to comment and even request counter-expert measures.

Divorced Parents, How Do Children Live According To Their Age?

Many parents think that separation affects no one but themselves. This is not true when there are children. Even if we do not pay attention to them, the youngest suffer from divorce, arguments, misunderstandings and all that can lead to a breakup. Having divorced parents can be a situation that many children do not know how to handle on their own. Moreover, it is also common that they have many doubts and that they need someone patient and understanding explains them.

It is no coincidence that many children who have divorced parents end up with problems at school, start flirting with alcohol and drugs at an early age, or put an end to communication channels that connect them to their family. Children suffer as much as parents, or more simply because they see that one of the first relationships they have as a point of reference fails completely.

The Consequences Of Divorce Depend On Age

Things will be different if a child is 2 or 6 years old at the time of separation. Situation change and the level of maturity is also very different. Therefore,  depending on the age of the child, the child will be more or less affected by the divorce of his parents.

A child who is not yet 2 years old does not understand what a divorce is, let alone the consequences that the latter will have. But despite that, he knows that something is wrong, or at least something has changed, that there are now variations in the emotional state of his parents. He is also aware of their absence. This absence very often results in a feeling of abandonment ; depending on the environment, if the child is not sufficiently safe, the psychological consequences can be significant.

A child who is between 2 and 3 years old is at a very difficult stage, in full development. If the separation has a great impact on the small, the consequence can be an important delay in its development: a delay at the moment of acquiring certain psychomotor faculties, difficulties to learn the language and problems with the control of the sphincter. A child of this age also does not understand what a divorce entails, he just knows he wants his parents to stay together, and that turns into a dream for him.

If the child is between 3 and 5 years old, he knows – or at least guesses – what divorce is and what it involves, and that is why he will ask many questions. The problem arises when, with his desire to find answers, he faces lies , things that do not stick and that, therefore, will accentuate the feeling that the world has turned into an unsafe place. Among the fears that can be accentuated, there is the fear of being alone or that one of his parents abandons him. He can therefore be very possessive with one or both of them.