Book III: Provisions specific to certain matters

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.

Releases, cancellations of security interests, entries, transcriptions or publications made necessary by the divorce provided for in article 229-1 of the Civil Code are validly made in view of the production, by any interested party, of a certified copy of the divorce agreement and, where applicable, its annexes or an extract thereof.

As soon as a minor child expresses his or her wish to be heard by the judge under the conditions provided for in article 388-1 of the Civil Code, the court may be seised in accordance with the procedures set out in articles 1088 to 1092. The spouses may also, until the divorce agreement is filed with a notary, apply to the court for legal separation or divorce under the…

The provisions of this chapter shall apply to legal separations by private deed countersigned by lawyers, filed with a notary.