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All About Divorce By Mutual Consent

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.