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Section 5: Changes to the basis of an application for divorce

Article 247 of the French Civil Code

The spouses may, at any time during the proceedings: 1° Divorce by mutual consent by private-signature deed countersigned by lawyers, filed with a notary; 2° In the case provided for in 1° of Article 229-2, ask the judge to record their agreement to have the divorce by mutual consent granted by presenting him or her with an agreement settling the consequences of the divorce.

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Article 247-1 of the French Civil Code

The spouses may also, at any stage of the proceedings, when divorce has been requested on the grounds of definitive alteration of the marital bond or on the grounds of fault, ask the judge to record their agreement to have divorce granted on the grounds of acceptance of the principle of the breakdown of the marriage.

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Article 247-2 of the French Civil Code

If the plaintiff files for divorce on the grounds of permanent impairment of the marriage bond and the defendant counterclaims for divorce on the grounds of fault, the plaintiff may invoke the faults of his or her spouse to modify the basis of his or her claim. .

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