Section 2: The procedure applicable to divorce by judicial mutual consent

The application for divorce is presented by the parties’ respective lawyers or by a lawyer chosen by mutual agreement. The judge examines the application with each of the spouses, then brings them together. He then calls the lawyer or lawyers.

When the conditions set out in article 232 are met, the judge shall homologate the agreement settling the consequences of the divorce and, by the same decision, pronounce the divorce.

If the court refuses to approve the agreement, however, it may approve provisional measures within the meaning of articles 254 and 255 which the parties agree to take until the date on which the divorce judgment becomes res judicata, provided that they are in the interests of the child or children. A new agreement may then be submitted by the spouses within a maximum period of six months.

Failing the submission of a new agreement within the period set out in Article 250-2 or if the judge again refuses homologation, the application for divorce lapses.