Chapter Va: Divorce and legal separation by mutual consent by private deed countersigned by lawyers and filed with a notary

The information provided for in 1° of Article 229-2 of the Civil Code takes the form of a form for each of the minor children, which mentions their right to ask to be heard under the conditions of Article 388-1 of the same code, as well as the consequences of his or her choice on the outcome of the proceedings. The model form is set by order of the Minister…

The agreement for divorce by mutual consent by act under private signature countersigned by lawyers specifies the name of the notary or the legal person holding the notarial office responsible for receiving the act in deposit in the row of its minutes.

The divorce agreement shall mention, where applicable, that the information provided for in 1° of Article 229-2 of the Civil Code has not been given in the absence of discernment of the minor child concerned.

The divorce agreement specifies the value of the property or rights awarded as compensatory allowance. Where these are subject to land registration, the award is made by deed drawn up in notarial form before a notary, appended to the agreement.

The divorce agreement that fixes alimony or compensatory allowance in the form of a life annuity sets out the collection procedures and the rules for revising the claim, as well as the criminal penalties incurred in the event of default.

The divorce agreement shall fix the apportionment of its costs between the spouses subject to the application of the provisions of Article 123 of Decree no. 2020-1717 of 28 December 2020 where one of the spouses is in receipt of legal aid. Failing specification in the agreement, the costs of the divorce are shared equally.

The divorce agreement is signed together, by the spouses and their lawyers meeting together for this purpose, in triplicate or, under the same conditions, by electronic signature. Where applicable, the form signed and dated by each of the minor children, the liquidation statement of partition in the authenticated form and the authenticated deed of attribution of property subject to land registration shall be attached. Each spouse keeps one original of…

The divorce agreement and its annexes shall be sent to the notary, at the request of the parties, by the most diligent lawyer, for filing in the notary’s minutes, within seven days of the date on which the agreement is signed. Where they are drawn up in a foreign language, the agreement and its annexes shall be accompanied by a translation carried out by an authorised translator within the meaning…

A mention of the divorce is made in the margin of the marriage certificate and the birth certificate of each of the spouses, at the request of the interested party or his or her lawyer, on the basis of a certificate of filing issued by the notary. The certificate states the identity of the spouses and the date of filing. If the marriage was celebrated abroad and there is no…

Divorce by mutual consent provided for in article 229-1 of the Civil Code by producing a certificate of deposit issued by the notary or a copy thereof.