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Divorce procedure in France

Divorce procedure in France

Updated on Monday 18th April 2016

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The divorce process in France involves certain steps and may have financial consequences for the individuals. When deciding to end a marriage in France, couples should know that there are four types of divorce in France: a contested type, two amicable types and one type for extensive separation. Our French lawyers can help you if you are going through a divorce procedure in France.

Types of divorce in France

The first type of divorce in France is the divorce by mutual consent. In this case, the spouses need to agree on every aspect of the divorce procedure before they submit a petition to the judge (custody, division of assets, visiting rights etc.). This is the simplest form of divorce in France and the parties need to draft an agreement that covers all the aspects of the divorce and its consequences.
The divorce procedure can also take place on the basis of acceptance that the marriage has broken down. This type of divorce is also called accepted divorce. The parties need to agree that divorce is inevitable and a judge needs to verify if both parties have willingly given their consent. A judge will also pronounce custody rights for the children and resolve other issues like asset management.
A contested or hostile divorce takes place when one party accuses the other of the breakdown suffered in the marriage. This is usually a lengthy procedure and the accusing party will try to prove that the other party is responsible for the ending the marriage. French law encourages spouses reach an amicable agreement and even change the type of divorce, if needed.
A divorce for prolonged separation is possible in France when the couple has lived apart for more than two years. A French judge will pronounce the divorce and establish the consequences.
If you need legal assistance for divorce in France, you may contact our French lawyers.

The divorce procedure in France

Irrespective of the causes that have led to a divorce in France, an important step is the division of property after divorce. The divorce procedure includes the liquidation of the matrimonial regime and the division of the assets acquired during the time of the marriage.
The matrimonial regime in France comprises a series of legal provisions for spouses that help them govern their financial relations during and after the end of the marriage.
Please contact our law firm in France for other legal issues or more information about family law in France.


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