Which divorce should you choose?
Answer two questions to identify which route fits your situation — including the common case of a spouse who cannot travel to France.
Can your mutual-consent divorce be signed out of court?
Do you and your spouse agree on the divorce and on every one of its consequences (children, assets, support)?
Any disagreement, however small, rules out a mutual-consent divorce.
Can both of you attend a joint signing meeting in person, together with your two lawyers?
In the out-of-court procedure, French law provides that the agreement is signed by both spouses and both lawyers gathered together, at the same place and at the same time (Article 1145 of the Code of Civil Procedure). Signing remotely is not permitted, including by electronic signature.
Mutual-consent divorce without a judge
Where both spouses agree on everything and can attend the joint signing, French law provides for an out-of-court divorce — unless a minor child asks to be heard by the judge, or one spouse is under a legal protective measure (Article 229-2 of the Civil Code). Where one spouse is a foreign national or lives abroad, whether an out-of-court divorce is recognised in the other country may need to be checked. Each spouse's lawyer drafts the agreement; it is signed once the 15-day reflection period has run, counted from the date each spouse receives the draft, and it is then filed with a notary. No judge, no hearing — usually 1 to 3 months from start to finish.
Every situation is different: this result does not replace a lawyer's advice.
Out-of-court divorce, signed at our office abroad
French law requires the spouses and their lawyers to sign together, but not necessarily in France. This route is closed if a minor child asks to be heard by the judge or one spouse is under a legal protective measure (Article 229-2 of the Civil Code). Where both spouses are French and agree on everything, we prepare the agreement remotely and hold the signing at our offices in Dubai or Morocco; our Paris office then deposits it with a notary and has the divorce recorded in your French civil status records. No judge, no trip to France.
Every situation is different: this result does not replace a lawyer's advice.
Court divorce with an agreement
Where both spouses agree on everything but one of them cannot attend the joint signing, the divorce remains amicable but goes before a judge: this is the court-approved amicable divorce, in which the family court judge approves the spouses' agreement on all the consequences. Each spouse is represented by their own lawyer and is not required to appear in person. Where both parties expressly agree, the procedure can be conducted in writing without a hearing (Article L. 212-5-1 of the Code of Judicial Organisation), although the court may still decide to hold one. This route takes longer than the out-of-court divorce.
Every situation is different: this result does not replace a lawyer's advice.
This would not be an amicable divorce
The out-of-court mutual-consent divorce requires full agreement on every consequence of the divorce. Where some points are still disputed, French law provides for court procedures — including the accepted divorce, where both spouses accept the principle of the divorce and the judge settles the remaining points. Partial agreements can be submitted to the judge for approval (Article 268 of the Civil Code), and French law also allows the grounds to be changed during proceedings (Articles 247 to 247-2). A lawyer can still help resolve some of these points through negotiation before proceedings start.
Every situation is different: this result does not replace a lawyer's advice.
How to divorce in France
The divorce procedure is not the same for every couple: it depends above all on whether the spouses agree on the principle of divorce and on all of its consequences. DAF Darmon Avocats Famille sets out below how the two main routes work: amicable divorce by mutual consent and contested divorce.
Before starting, several questions usually come up: should you divorce or simply separate, how to announce a divorce, what are the consequences for the children, and — if one spouse is a foreign national — for their residence permit.
| Procedure | Agreement required | Goes to court? | Indicative timeline |
|---|---|---|---|
| Mutual consent | On the principle and every consequence | No — lawyers' agreement deposited with a notary | 1 to 3 months |
| Accepted divorce | On the principle of divorce only | Yes | The shortest of the court procedures |
| Definitive breakdown of marital life | None; one year of separation | Yes | 12 to 24 months |
| Divorce for fault | None; proof of a serious or repeated breach of marital duties making life together intolerable | Yes | The longest, often beyond 24 months |
Amicable divorce by mutual consent
Since the reform of 1 January 2017, spouses who agree on the principle of divorce and on every consequence can divorce without ever appearing before a judge. Each spouse must be represented by their own lawyer; together, the lawyers draft a divorce agreement recorded in a lawyers' deed. It is the fastest procedure, usually completed within 1 to 3 months.
The 7 steps of a mutual-consent divorce
01
First meeting
You meet your lawyer at their office.
02
Negotiation between the lawyers
The two lawyers discuss and negotiate the terms, in line with each client's instructions.
03
Sending the lawyers' deed
Once the final version is approved, each lawyer sends the divorce agreement to their own client by registered letter with acknowledgement of receipt.
04
15-day reflection period
Each spouse then has a mandatory 15-day reflection period. Neither can sign before this period has run its course.
05
Signature by all four parties
After the reflection period, a meeting is arranged for both spouses and both lawyers to sign the original copies of the agreement together, in person, on the same day.
06
Sent to the notary
From the date of signature, the lawyers have 7 days to send the agreement to the notary.
07
Deposit with the notary
The notary has 15 days to deposit the agreement in their official records and issues a certificate of deposit — the divorce is then final.
For the full step-by-step process and our fixed-fee packages, see our dedicated page on mutual-consent divorce.
Three key points about mutual-consent divorce
1. No judge involved
No hearing, no court judgment. The divorce agreement is deposited with a notary, who checks its formal requirements and the reflection period, then records it.
2. Two lawyers are mandatory
One lawyer per spouse, with no exception. A single lawyer for both spouses is no longer allowed; each lawyer must defend their own client's interests to the full.
3. The lawyers' deed
The notary does not review the substance of the agreement: they check its mandatory formal requirements and the 15-day reflection period, deposit the lawyers' deed and issue a certificate of deposit. It is the lawyers who negotiate the personal and financial effects of the divorce and safeguard the children's interests.
When one spouse cannot travel to France
Mutual-consent divorce by a lawyers' deed has one final, unavoidable step: French law provides that the agreement is signed by both spouses and both lawyers gathered together, at the same place and at the same time (Article 1145 of the Code of Civil Procedure). Signing remotely is not permitted, including by electronic signature. This is precisely the step that a large share of our English-speaking and expatriate clients cannot always meet — because one spouse lives abroad and is unable, or unwilling, to travel to France for it.
French law does not, however, require the signing to take place in France. Where both spouses are French and live in the UAE or Morocco, we hold the signing at our offices in Dubai or Morocco: no judge, no trip to France. See divorce for French expats and our French lawyer in Dubai.
Where both spouses agree on everything but one of them cannot attend the joint signing, the divorce remains amicable but goes before a judge: this is the court-approved amicable divorce, in which the family court judge approves the spouses' agreement on all the consequences. Each spouse is represented by their own lawyer and is not required to appear in person. Where both parties expressly agree, the procedure can be conducted in writing without a hearing (Article L. 212-5-1 of the Code of Judicial Organisation), although the court may still decide to hold one.
This court route takes longer than the fully out-of-court version, but the spouses keep control of the terms: the judge approves what they have agreed rather than deciding it for them.
Why us
Your first consultation credited back
if you instruct the firm
At your consultation, a lawyer of DAF Darmon Avocats Famille reviews your case on the merits and on the terms of engagement.
Contested divorce
When the spouses do not agree on the principle of divorce or on its consequences, the procedure follows a longer, judicial path, generally 12 to 24 months. Since the reform that took effect on 1 January 2021, there is no longer a conciliation hearing or a non-conciliation order: proceedings are opened directly by a summons (or a joint application) issued through a lawyer. At the start of the proceedings, the family court judge holds a hearing on interim measures, unless the spouses waive it; once the file is ready, a hearing on the merits takes place, at the end of which the judge pronounces the divorce.
How long does a contested divorce take?
12 to 24 months on average, sometimes longer.
If your case is urgent, your lawyer can file a reasoned application asking the judge for an interim-measures hearing at short notice. Urgent matters (separate residence, the children, support) are then dealt with much sooner; the divorce itself follows its normal course. In every case, a contested divorce includes an initial hearing on interim measures (which the spouses may waive), a case-preparation phase, then the hearing on the merits.
The stages of a contested divorce
01
Filing the claim
One spouse has the other served with a divorce summons, drafted by their lawyer (the spouses can also jointly petition the family court). The summons can name the ground for divorce if it is an accepted divorce or a definitive-breakdown divorce; it cannot for a divorce for fault.
02
Interim measures
Unless the spouses waive it, the judge holds an initial hearing and, at their request, sets interim measures: separate residence, use of the family home, spousal support, the children's residence, parental authority and child support. These measures apply until the divorce judgment becomes final, including during any appeal.
03
Case preparation
Under the supervision of the case-management judge, each lawyer exchanges submissions and evidence to support their client's claims, on the principle of divorce and its consequences alike.
04
Ground for divorce
The ground is set out in the first submissions: acceptance of the principle of breakdown, definitive breakdown of marital life (one year of separation since 2021), or fault.
05
Counterclaim
The spouse who was served can, in turn, seek divorce on a different ground from the one relied on by the spouse who started proceedings.
06
Hearing on the merits
Once the file is ready, the lawyers argue the case before the family court judge.
07
Divorce judgment
The judge pronounces the divorce and rules on its consequences: compensatory allowance, the marital name, parental authority, the children's residence and support, any damages and, if the spouses cannot agree on how to divide their property, the division of matrimonial assets.
NB: at any point in the proceedings, the spouses can agree and switch to a mutual-consent divorce (Article 247 of the Code civil) or, if the divorce was sought for fault or definitive breakdown, ask the judge to record their agreement for an accepted divorce (Article 247-1) — the "bridge" mechanism.
Frequently asked questions
A mutual-consent divorce is the fastest: 1 to 3 months once the agreement is ready, allowing for the mandatory 15-day reflection period and the notary deposit. A contested divorce generally takes 12 to 24 months, sometimes longer for a heavily disputed divorce for fault or in a busy court. In an emergency, a lawyer can ask for an expedited hearing date.
At the firm, a mutual-consent divorce is billed on a fixed-fee basis, from €570 + VAT per spouse, depending on whether there are children, jointly owned property, or a difference in income. The notary's deposit fee adds about €50 (all taxes included). A court-approved amicable divorce costs roughly €1,200 + VAT more.
If both spouses agree on the principle of divorce and on every consequence, mutual-consent divorce without a judge is the simplest and fastest option. If they agree on the principle but not the consequences, divorce by acceptance avoids any debate about fault. If one spouse refuses to divorce, the other can rely on the definitive breakdown of marital life (one year of separation); divorce for fault is only worth pursuing when a serious breach needs to be established or weighs on the financial claims.
As a rule, mutual-consent divorce no longer goes before a judge (the only exception: a minor child asks to be heard). The process is placed under the supervision of the spouses' own lawyers, through the divorce agreement recorded in a lawyers' deed under Article 1374 of the Code civil. That deed must cover every consequence of the divorce — separate residences, the marital name, jointly owned assets, use of the family home, the children's residence and custody, parental authority, contact arrangements, child support and compensatory allowance (prestation compensatoire).
"He has great human qualities, but above all he is a very intelligent, highly knowledgeable advisor."
"Throughout my divorce (1 year) he was available around the clock, evenings, weekends, even during holidays."
"You were there to smooth things over just as much as when we needed to be defended."
"Excellent support despite the distance (Australia/Paris) and the language barrier."
"Maître Darmon is caring and attentive throughout the whole procedure."
"He has great human qualities, but above all he is a very intelligent, highly knowledgeable advisor."
"Throughout my divorce (1 year) he was available around the clock, evenings, weekends, even during holidays."
"You were there to smooth things over just as much as when we needed to be defended."
"Excellent support despite the distance (Australia/Paris) and the language barrier."
"Maître Darmon is caring and attentive throughout the whole procedure."
