Divorce and separation
Divorce by mutual consent or through the court, compensatory allowance and division of assets.
French law provides four types of divorce: by mutual consent (signed by both lawyers and filed with a notary), by acceptance, after one year of separation, and for fault.
We advise on the right procedure, interim measures, compensatory allowance and division of property.
Frequently asked questions
What is a prestation compensatoire?
A sum intended to offset the disparity that divorce creates in the spouses' living conditions. It is usually paid as a lump sum and set according to the length of the marriage and each spouse's age, income and assets.
What types of divorce exist in France?
French law provides for four types of divorce. Divorce by mutual consent, when the spouses agree on everything: it normally takes place without a judge, through an agreement signed with two lawyers and filed with a notary. Accepted divorce, when the spouses agree to divorce but not on all its consequences. Divorce for definitive breakdown of the marriage, after one year of separation. Divorce for fault, in case of a serious or repeated breach of marital duties.
Official source: Service-Public.fr (official page), Service-Public.fr (official page) (2)
How much does a divorce cost in France?
The cost depends mainly on lawyers' fees, which are freely agreed and must be set out in a written fee agreement. In a divorce by mutual consent, there is also the notary's fee for filing the agreement (€49.44 incl. VAT) and, where property has to be divided, the cost of the deed of division and a division duty. Legal aid may cover all or part of the costs depending on income.
Official source: Service-Public.fr (official page)
Can I get divorced if my spouse refuses?
Yes. A spouse can apply for divorce without the other's consent, either for definitive breakdown of the marriage, when the spouses have lived apart for at least one year at the time of the application, or for fault, if serious facts attributable to the other spouse can be proved. The family judge (juge aux affaires familiales) is then seised through a lawyer.
Official source: Service-Public.fr (official page)
Who stays in the family home during divorce proceedings?
In a court divorce, the family judge may, as an interim measure, grant one spouse the use of the family home, free of charge or against compensation, taking into account in particular the children's interests. In cases of domestic violence, a protection order can be sought urgently to have the violent spouse removed from the home.
How is property divided on divorce?
It depends on the matrimonial property regime. Without a marriage contract, spouses are married under the community of acquests regime: assets acquired during the marriage are in principle joint and divided in half, while assets owned before the marriage or received by gift or inheritance remain personal. Under a separation of property contract, each spouse keeps their own assets, and jointly purchased assets are divided according to each spouse's share. Where real estate is involved, the division goes through a notary.
