Subsection II: Judicial divorce by mutual consent

Divorce by mutual consent is a non-contentious matter.

The application for divorce is made by a single petition from the spouses.

The application, which does not state the facts giving rise to the application, must contain, on pain of inadmissibility: 1° The surname, first names, profession, residence, nationality, date and place of birth of each of the spouses; the date and place of their marriage; the same particulars, where applicable, for each of their children; 2° The information provided for in Article 1075; 3° An indication of the court before which…

On pain of inadmissibility, the petition shall include in its appendix, where applicable, the information form of the minor child requesting to be heard dated and signed by him or her as well as an agreement dated and signed by each of the spouses and their lawyer settling in full the effects of the divorce and including in particular a liquidation statement of the matrimonial property regime or the declaration…

The family affairs judge is seised by the submission of the application to the clerk’s office, which is equivalent to a pleading. After hearing the minor under the conditions defined in Title IX bis of Book I or, in the absence of discernment, refusing to hear the minor under the conditions defined in Articles 338-4 and 338-5, he summons each of the spouses by simple letter sent at least fifteen…

On the appointed day, the judge proceeds in accordance with the procedures set out in articles 250 to 250-3 of the Civil Code; it verifies the admissibility of the application; it ensures that the spouses’ consent is free and informed and draws their attention to the importance of the commitments made by them, particularly with regard to the exercise of parental authority. With the agreement of the parties, in the…

If the agreement appears to him or her to insufficiently safeguard the interests of the children or of one of the spouses, the judge may refuse to homologate it, not grant the divorce and adjourn his or her decision, by order made forthwith, until a new agreement is submitted. The judge informs the spouses that they must submit a new agreement within six months. The order shall mention this information…

The six-month time limit for submitting a new agreement is suspended in the event of an appeal. Failing the submission of a new agreement within the time limit, the judge shall, by order, declare of his own motion that the application for divorce has lapsed. When the spouses submit a new agreement, the parties are summoned according to the procedures set out in Article 1092. If he refuses to approve…

Decisions by the family court judge may be appealed, with the exception of those granting a divorce. The time limit for appeal is fifteen days; it runs from the date of the decision.

The time limit for appealing to the Court of Cassation is fifteen days from the delivery of the decision homologating the spouses’ agreement and pronouncing the divorce.