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Where is it?
Getting divorced in France
What is it?
There are 4 cases of divorce in France:
- 1 " non-contentious" divorce , that is to say without recourse to a judge: this is divorce by mutual consent, when both spouses agree to divorce.
- 3 " contentious" type divorces, that is to say with recourse to the judge: divorce for fault, divorce for definitive alteration of the marital bond or divorce for acceptance of the principle of rupture .
The first essential step is to call on a lawyer who will carry out all the necessary steps. It is not possible to divorce without a lawyer, even for divorce by mutual consent.
For all divorce cases, each spouse must have their own lawyer.
> Read: the Réfugiés.info sheet “Accessing legal aid”
It is possible to divorce from a spouse who has remained abroad from France. It is necessary to hire a lawyer who will accompany you, because the conditions change depending on the country where your spouse resides.
Please note, for divorces taking place abroad: it is only possible to register it with OFPRA after a specific examination by the court (to verify compliance).
How to do it?
Conditions: if both spouses agree on the divorce and all its effects (division of property, parental authority, alimony, compensatory allowance).
The spouses do not need to go before the judge. The divorce agreement is drawn up by the lawyer and the spouses. It suffices to deposit it with the notary who issues a certificate of deposit.
Conditions: if the spouses agree to divorce, but do not agree on the consequences of the divorce (division of property, parental authority, etc.).
The spouses must go before the judge for family cases, the judicial or local court. The request is made by the lawyer of one of the spouses. The judge can order temporary measures before pronouncing the divorce or reject the request.
Conditions: a spouse can request a divorce if his/her spouse has committed a serious or renewed violation of the duties and obligations linked to the marriage ( for example: adultery, brutality, insults, abandonment of the marital home, etc. ).
The spouses must go before the judge for family cases, the judicial or local court. The request is made by the lawyer of one of the spouses. The judge can order interim measures before pronouncing the divorce or reject the request.
Conditions: when the spouses have been living apart for at least 1 year.
The spouses must go before the judge for family cases, the judicial or local court. The request is made by the lawyer of one of the spouses. The judge can order interim measures before pronouncing the divorce or reject the request.
What happens next?
The lawyer takes care of the necessary procedures, in particular before the judge in the context of a litigation-type divorce.
Once the divorce has been pronounced by the judge or recorded before the notary, it will be registered by OFPRA on production of documents attesting to the final nature of the divorce.
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