There are four main types of divorce procedure in France, one out of court and 3 in front of a judge.
Divorce by mutual consent (divorce par consentement mutuel):
This is the simplest, fastest divorce whereby both parties agree on everything (custody of the children, contact with the other parent, asset split and so on).
In the case of an amicable divorce no court hearing is necessary. Both parties have their own lawyer
Process: An agreement should be drawn up by attorney (avocat) and signed by both parties and their lawyer, requiring a physical presence for the signature.
Accepted divorce (divorce accepté):
This is put in place when the parties agree that a divorce is inevitable, but have not reached agreement on the split of assets or questions relating to the children.
In this case, a judge will rule on any contentious issues.
Process: Both parties have their own lawyer. French judges will almost always try to get the
couple to come to an agreement, and this can slow the whole process down.
Contested or hostile divorce (divorce pour faute):
This procedure involves a lengthy battle, to demonstrate that the other party is responsible for the breakdown in the marriage.
If the other spouse continues to refuse to accept the divorce, a judge will rule on the case and set the terms.
Only in this rare instance is it necessary to show grounds for a divorce.
In this last case, the spouse filing for divorce must prove that the other party caused the break up of the marriage, typically through desertion, adultery, and/or cruelty.
In this case, the court will usually find one party or the other at fault and may award damages.
Divorce for prolonged separation (altération définitive du lien conjugal):
This divorce procedure may be used where a couple have lived apart consistently for more than two years
Once, the divorce has been pronounced in Court, then a new phase starts : splitting the assets.
Unless the divorcees can reach an agreement, they need to go back in Court to get their assets split.
International Divorce can be complex, especially when the spouses live in different Countries or jurisdictions. Ms. Hallot will help to make sure that the process is as quick and smooth as possible while fighting for the best interests of her client and their children.
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