Paragraphe 1 : Du divorce par consentement mutuel par acte sous signature privée contresigné par avocats, déposé au rang des minutes d'un notaire

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…

The spouses may not mutually consent to their divorce by deed under private signature countersigned by lawyers where: 1° The minor, informed by his or her parents of his or her right to be heard by the judge under the conditions provided for in Article 388-1, requests to be heard by the judge; 2° One of the spouses is placed under one of the protective regimes provided for in Chapter…

Consent to the divorce and its effects cannot be presumed. The agreement shall expressly include, on pain of nullity: 1° The surname, forenames, profession, residence, nationality, date and place of birth of each of the spouses, the date and place of marriage, as well as the same particulars, where applicable, for each of their children; 2° The name, professional address and professional practice structure of the lawyers instructed to assist…

The lawyer shall send the spouse he or she is assisting, by registered letter with acknowledgement of receipt, a draft agreement, which may not be signed, on pain of nullity, before the expiry of a period of reflection lasting fifteen days from receipt. The agreement shall be enforceable on the day it acquires date certain.