How to get divorced in France ?

A divorce action must be brought before the High Court (Tribunal de Grande Instance) having territorial jurisdiction. Spouses are assisted, jointly or individually, by a lawyer.

Divorce proceedings are numerous and can be divided in two categories, depending on whether the spouses choose to negotiate entirely the terms of their divorce before any litigation, or whether they prefer to litigate before the judge, before entering into a settlement, which is possible at any time during the procedure.

Divorce by mutual consent

This mode of settlement for the divorce requires the spouses to agree on the principle of getting divorced, but also on its consequences (this includes financial consequences with respect to liquidation of assets and debts as well as parenthood measures).

The spouses file a petition for divorce by mutual consent before the judge, with a divorce agreement describing the financial consequences of said divorce and if need be, with contemplated measures regarding  parental rights, particularly in terms of financial support, residence and right of custody.

Once the divorce agreement is drafted and signed, being added that whenever real property is included in the assets that must be shared between spouses it is compulsory to get the services of a French notaire (specialized lawyers having legal monopoly in drafting deeds relating to real property matters) the procedure is relatively short: divorce may be granted by the judge within approximately  three months.

Other divorce proceedings

Other divorce proceedings follow a common procedural pattern, different from that of mutual consent.

One of the spouses files a divorce petition, without describing at this stage why divorce is sought, and, requesting that provisional measures be ordered in terms of residence, assets management, allocation of preliquidated assets, alimony or living allowance, and also measures for the exercise of parental authority for minors or adults, when they remain under the responsibility of their parents, past the age of eighteen years.

Following the filing of the petition for divorce before the court the spouses must attempt conciliation during a personal hearing before the judge. Once they are informed of the possibility of a family mediation, they debate before the judge, hearing in chambers, the measures sought.

The judge then makes a preliminary ruling on provisional measures and will allow the spouse requesting the divorce to sue for divorce on the grounds of his/her choice. Provisional measures are only valid during a period of time that may not exceed thirty months.

The divorce process is then re-introduced by a writ of summons. This writ must describe the ground chosen by the applicant spouse: either the divorce for fault (Article 242 of the Civil Code) or a divorce for irretrievable break up of the marriage (Article 238 of Civil Code). If the spouses have previously recorded their agreement on the principle of the divorce, at the conciliation hearing, by a mutual written acceptance given in presence of the judge and lawyers, or if they agree to bring the case before the judge by joint petition, the petition for divorce does not have to be motivated in the summons, the principle of the divorce being outside the scope of the litigation. In that case, the ruling will only deal with the consequences of the divorce. This is called a divorce by acceptance of the principle of separation.

Out consent, asset liquidation may take place during the procedure or after the divorce is granted.

What are the major items that must be discussed during contentious divorce proceedings   ?

-     The alleged misconduct by a spouse towards the other, as this may eventually lead to a ruling granting divorce for fault;

-     The compensatory allowance to be granted to the one of the spouse

-     Liquidation of family assets

-     Children's residence and right of custody

-     The amount of maintenance allowance for children

Our legal services

The overall situation of the couple and the family is discussed during a first meeting during which a financial audit is achieved, so that we can provide afterwards our clients with our  preliminary opinion on the situation of the family, and the potential consequences of the marital breakdown.

For international divorce proceedings, the questions of jurisdiction and applicable law are also discussed, according to applicable conflicts of laws principles and International regulations and conventions.

In addition to providing legal advice, our firm is keen to implement human personal approach with clients. To this end, the lawyer in charge of the matter may advise his/her clients to apply for family mediation and / or - if necessary - to seek for therapeutic support.

For these purposes, our firm maintains a list of trusted professionals that we will be happy to provide to our clients.

Family Assets’ due diligence

This due diligence requires first to focus on the matrimonial regime applicable and to make an assessment of family assets and liabilities.

Clients must be able to evidence the nature and evolution of assets during the marriage.

Once this due diligence is completed, the lawyer in charge of the matter will be in a position to advise his/her client on the predictable consequences of the divorce, in terms of financial support and consequences vis-à-vis the other spouse, if applicable, and children. The lawyer can also advise his/her client on the compensatory allowance that may be requested or granted by the judge.

Mediation

Alternative dispute resolution can lead to satisfactory results in terms of family disputes, assuming that each party is willing to go down this path. Our firm works on a regular basis with qualified, either local, or international, mediators for implementing mediation whenever this process may be in the interest of the parties.

The lawyer also assists his/her client in finding a compromise solution, representing an acceptable alternative to pleadings, to the extent his/her client is truly willing to engage into such an amicable process.

For further information or clarification, feel free to contact Jean-Olivier D'ORIA, Esq.

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