In France, there are four main types of divorce proceedings—three that involve court proceedings, and one that is handled entirely out of court. Understanding the differences between these divorce types is essential for anyone navigating French family law, especially in international or cross-border situations.
Divorce by Mutual Consent ("Divorce par consentement mutuel")
This is the most straightforward and efficient type of divorce in France. It applies when both spouses are in full agreement on key matters such as child custody, division of assets, and spousal support. No court appearance is required, which streamlines the process significantly.
Each spouse must be represented by their own attorney. The divorce agreement is jointly prepared, signed in person, and filed with a notaire for legal validation.
Accepted Divorce ("Divorce accepté")
This procedure is used when both spouses agree that the marriage is irretrievably broken but disagree on specific terms—typically property division or child-related matters. In these cases, the court steps in to resolve any contested points.
Both parties are required to have independent legal representation. Judges in France often encourage negotiation and settlement, which may extend the timeline but allows for more amicable outcomes.
Contested Divorce ("Divorce pour faute")
A contested or fault-based divorce is more complex and confrontational. It is initiated when one spouse seeks to prove that the other is legally responsible for the breakdown of the marriage due to adultery, abandonment, abuse, or other serious misconduct.
The filing spouse must present compelling evidence. If the court agrees, it may assign blame and potentially award damages. This is the only divorce procedure in France that requires a formal determination of fault.
Divorce for Prolonged Separation ("Altération définitive du lien conjugal")
This type of divorce applies when spouses have lived apart continuously for over two years. It allows one spouse to file for divorce without the other’s consent based on prolonged separation alone.
After the court grants the divorce, a new legal phase begins: division of marital property. If no agreement is reached on asset division, a judge must resolve the dispute in a separate proceeding.
International Divorce Considerations
When spouses live in different countries or hold dual nationality, international divorce introduces additional complexities. These include conflicting legal systems, custody rights across borders, and enforceability of court decisions in multiple jurisdictions.
Nathalie Harrop, a bilingual family lawyer in France, has extensive experience handling international divorce and custody disputes. She ensures that each client’s interests are protected while striving to make the process as efficient and stress-free as possible.
Contact the offices of Nathalie Harrop now with any questions and to set up a consultation.
Call: +33 686 132214, or email us through the contact form