Where the spouses agree on the breakdown of the marriage and its effects, they shall record, each assisted by a lawyer, their agreement in an agreement in the form of a private deed countersigned by their lawyers and drawn up under the conditions provided for in Article 1374.
This agreement is filed with a notary, who checks that the formal requirements set out in 1° to 6° of article 229-3 are met. He also ensures that the draft agreement has not been signed before the expiry of the cooling-off period provided for in article 229-4.
This filing gives effect to the agreement by conferring on it a date certain and enforceability.