How is the amicable divorce going?

If the severe restriction we experienced last March allowed some couples to meet or spend time together. It wasn’t the same for those who did not endure a forced life as a couple, 24 hours a day, 7 days a week … postpartum divorce requests have exploded all over the world …

For example, in China, between February 24th and March 13th, more than 300 files were filed once detention ended! Never seen! In France, with the Law Modernizing the Judiciary of the 21st Century in 2016, it has become easier to initiate divorce proceedings … Explanation.

A divorce by mutual agreement without a judge is now possible. This reform, which came into force on January 1, 2017, aimed to reduce the overload of the courts of family judges. Before that date, divorce was often awarded through the fault of either party and required a judge to pass it. Litigation divorce has often been a lengthy and expensive process.

What types of divorces in France?

An amicable divorce has been permitted since this reform. Only two lawyers and a notary are required, but no more trial! Please note that the reform only affects divorces by mutual consent. There are still controversial divorces, but in this case it is not affected.

According to Article 229 of the Civil Code, there are four types of divorce:

Divorce by accepting the principle of the breakdown of the marriage, divorce in dispute if the spouses agree to the divorce but do not agree on the consequences of the breakdown of the marriage, divorce by permanently changing the marital bond after 2 years of effective separation, finally due to divorce Fault. The spouse then applies for divorce because of a serious violation of the marriage ties (adultery, domestic violence, giving up residence).

Focus on the divorce by mutual consent

Since this reform there has been a consensual divorce that not only eases the procedures but also the lives of future ex-spouses! As soon as the spouses come to a fair agreement about their divorce, they can apply for a divorce by mutual agreement … This concerns both custody and possible maintenance or compensation allowances.

Specifically, the law stipulates that the spouses who want to separate by mutual agreement “must agree to their divorce by means of a document with a private signature, which has been countersigned by lawyers and is deposited in the rank of a notary’s protocol”.

One goal: to simplify the process

The spouses are therefore no longer obliged to obtain a divorce before a judge. The lawyers of the two parties will come to an agreement that will reflect the joint decisions of the spouses. The result will be a divorce settlement that will be reviewed and reviewed by both parties. The draft contract must be given a cooling-off period of 15 days before it is signed by the two spouses. A new countersignature by the lawyers confirms the divorce act. After this period, the agreement will be formalized by a notary. It is the notary who gives the enforceable power.

Two exceptions to divorce by mutual consent

These exceptions concern the following cases:

If the divorced couple has children, their parents must inform them that they can be heard by a judge. If the child wants to be heard, mutual divorce is not possible. If one of the two spouses is placed under protective supervision (guardianship or board of trustees), a divorce by mutual agreement is logically impossible.

The advice for a divorce is at least as important as that for a marriage … It is not always easy to turn a page in life … As long as things are simplified, avoid adding stress to a complicated situation!