A divorce settled without ever going to court
This procedure follows from the law of 18 November 2016, in force since 1 January 2017 (Article 229-1 of the Code civil). It removed the family court judge's review and placed the lawyers and the lawyers' deed at the centre of the process. The divorce is only possible if the spouses agree on the principle of divorce and on every one of its consequences: housing, division of assets, children, child support, compensatory allowance. DAF Darmon Avocats Famille offers fixed-fee packages tailored to your situation.
Is this divorce right for your situation?
A divorce without a judge requires four conditions to be met. Answer these questions to find out whether this route is open to you, or which procedure fits your case instead.
Is a divorce without a judge right for your situation?
Do you both agree on the principle of divorcing?
Do you agree on every consequence of the divorce (housing, division of assets, children, residence, child support, compensatory allowance)?
Do you have one or more minor children?
Is your child old enough and able to ask to be heard by a judge, and do they wish to?
An information form is given to the child; it is the child, if capable of discernment, who can request the hearing.
Does any of the following apply to you?
A mutual-consent divorce without a judge fits your situation
Based on your answers, the conditions set by French law for an out-of-court divorce appear to be met: agreement on the principle and on every consequence, no child having asked to be heard, no legal protective measure. Your two lawyers draft the agreement, a 15-day reflection period follows, then comes the signature and the deposit with the notary — expect one to three months. To estimate the budget, use the fee simulator further down this page.
Every situation is different: this result does not replace a lawyer's advice.
You are almost there
As long as one point of disagreement remains, the out-of-court route stays closed: the agreement must settle every consequence. But one or two points are often resolved through negotiation, with the lawyers' help. If the deadlock continues, an accepted divorce takes over: you remain in agreement on the principle, and the judge decides only the unresolved consequences.
Every situation is different: this result does not replace a lawyer's advice.
A divorce without a judge is not possible for now
With several disagreements remaining, a court procedure is needed: an accepted divorce (you agree to divorce, the judge decides the consequences) or, absent agreement on the principle, a divorce for definitive breakdown of marital life or for fault. A bridge provision (Article 247 of the Code civil) allows you to switch back to the amicable route as soon as a full agreement is reached.
Every situation is different: this result does not replace a lawyer's advice.
Without agreement on the principle, the amicable route is closed
A mutual-consent divorce requires both spouses to want to divorce. If one opposes it, the other can start a divorce for definitive breakdown of marital life (one year of separation, no fault to prove) or a fault-based divorce. A refusal does not block the procedure indefinitely.
Every situation is different: this result does not replace a lawyer's advice.
Your divorce stays amicable, but goes before a judge
Where a minor child asks to be heard, French law closes the out-of-court route and opens the court-approved mutual-consent divorce (Article 230 of the Code civil). The spouses submit to the family court judge an agreement settling every consequence of the divorce. The judge rules on the child's request to be heard, then meets each spouse separately and then together, before approving the agreement and granting the divorce (Articles 250 and 250-1 of the Code civil). The procedure takes a little longer, but the spouses' agreement is preserved.
Every situation is different: this result does not replace a lawyer's advice.
A foreign element: a point to check before the out-of-court route
A foreign element is not a legal obstacle: Article 229-2 of the Code civil closes the out-of-court route in two cases only — a child asking to be heard, and a spouse under a legal protective measure. The real question is recognition abroad. Within the European Union, except Denmark, an out-of-court divorce registered since 1 August 2022 is recognised without any particular procedure, on production of a European certificate, provided the French courts had jurisdiction over the divorce under the EU regulation (for instance where one spouse lives in France or both spouses are French); recognition may still be refused in the cases set out in the regulation, notably a manifest conflict with the public policy of the State concerned. Outside the EU, recognition depends on each country's law, and some States do not accept it. Where a court decision is sought, French law reserves the court-approved mutual-consent divorce for the case where a child asks to be heard (Article 230 of the Code civil): the court route open to spouses who agree on everything is usually the accepted divorce, in which the judge may approve their agreements on the consequences (Articles 233 and 268 of the Code civil).
Are you two French nationals living abroad? You can divorce without a judge and without travelling to France, with the signing at our offices in Dubai or Morocco: see our offer for divorce for French expats.
Every situation is different: this result does not replace a lawyer's advice.
A court procedure is mandatory
Where a spouse is subject to a legal protective measure (guardianship, curatorship, safeguard of justice, family authorisation, future protection mandate), French law rules out a mutual-consent divorce, with or without a judge (Articles 229-2 and 249-4 of the Code civil). The other types of divorce remain available, including, since 2019, the accepted divorce: the protected spouse may accept the principle of the divorce alone (Article 249 of the Code civil); depending on the measure, they are then assisted or represented in the proceedings.
Every situation is different: this result does not replace a lawyer's advice.
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.
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.
The essentials in 3 points
The timeline: 1 to 3 months
The only fixed period is the 15-day reflection period between receiving the draft agreement and signing it. The timeline lengthens if there is real estate to divide or compensatory allowance to negotiate.
The cost: from €570 + VAT
At the firm, an amicable divorce is billed on a fixed-fee basis according to your situation, from €570 + VAT. Add about €50 for the notary's deposit fee, plus the 1.10% division duty on the net assets if there are joint or co-owned assets to divide.
Two lawyers required
Since 1 January 2017, each spouse has their own lawyer: a shared lawyer is not allowed for a divorce without a judge, and you cannot obtain an amicable divorce without a lawyer.
Two useful points: if a minor child asks to be heard by the judge, the divorce becomes court-approved instead; and if the spouses own real estate to divide, a notarial settlement must be attached to the agreement.
How much does an amicable divorce cost?
The package that applies to you depends on your situation. Answer these questions to see which fixed fee you are likely to fall under.
How much will your amicable divorce cost?
Are you going through a mutual-consent (amicable) divorce?
Is there a disparity in income or assets between you? (one earns clearly more, or has substantially more assets)
Under French law, a compensatory allowance (prestation compensatoire) may be due where the breakdown of the marriage creates a disparity in the spouses' respective living conditions; it is in principle a lump sum (Article 270 of the Civil Code). In an amicable divorce, the spouses themselves set its principle, amount and terms in the agreement.
Do you have one or more dependent children?
Do you jointly own real estate that needs to be divided?
Dividing it is always quoted separately, on top of the package.
Are you married under a separate-property regime?
Where the matrimonial property regime is governed by French law, spouses married without a marriage contract since 1 February 1966 are in principle under the community-of-acquisitions regime. For an earlier marriage, or where the regime is governed by a foreign law, a different regime may apply.
Do you agree on every consequence of the divorce (housing, division of assets, children, support, tax) and are you ready to sign?
Compensatory Allowance Package — €3,770 + VAT per spouse
Where there is a disparity in income or assets, negotiating and drafting the compensatory-allowance clause (prestation compensatoire: in principle a lump sum) — amount, form and taxation — justifies this fee, regardless of the other factors (children, real estate, matrimonial regime).
Fee shown per spouse and excluding VAT: in a mutual-consent divorce, each spouse is assisted by their own lawyer (Article 229-1 of the Civil Code).
Add, depending on your case: about €50 including tax for depositing the agreement with the notary (€41.20 excluding tax, payable once for the couple) · dividing the matrimonial regime, quoted separately: under a community regime, joint assets (accounts, savings, furniture) are divided, with the 1.10% division duty on the net value divided; real estate requires a notarial deed · an additional success fee depending on the complexity of the case · +€1,200 + VAT for a court-approved amicable divorce: a minor child who asks to be heard, or a spouse abroad who cannot travel for the signing. Where a spouse is under a legal protective measure, French law rules out a mutual-consent divorce (Articles 229-2 and 249-4 of the Civil Code): the case falls outside these packages and is billed hourly. A foreign element does not require a judge, but the court route may be chosen where recognition of the divorce abroad is at stake. Two French nationals living abroad can sign at our offices in Dubai or Morocco, without travelling to France: package +€2,500 + VAT per spouse.
Every situation is different: this result does not replace a lawyer's advice.
Family Package — €1,970 + VAT per spouse
One or more dependent children, with no disparity in income or assets. The package covers the terms relating to the children: residence, visitation and accommodation rights, and contribution to their upkeep and education.
Fee shown per spouse and excluding VAT: in a mutual-consent divorce, each spouse is assisted by their own lawyer (Article 229-1 of the Civil Code).
Add, depending on your case: about €50 including tax for depositing the agreement with the notary (€41.20 excluding tax, payable once for the couple) · dividing the matrimonial regime, quoted separately: under a community regime, joint assets (accounts, savings, furniture) are divided, with the 1.10% division duty on the net value divided; real estate requires a notarial deed · an additional success fee depending on the complexity of the case · +€1,200 + VAT for a court-approved amicable divorce: a minor child who asks to be heard, or a spouse abroad who cannot travel for the signing. Where a spouse is under a legal protective measure, French law rules out a mutual-consent divorce (Articles 229-2 and 249-4 of the Civil Code): the case falls outside these packages and is billed hourly. A foreign element does not require a judge, but the court route may be chosen where recognition of the divorce abroad is at stake. Two French nationals living abroad can sign at our offices in Dubai or Morocco, without travelling to France: package +€2,500 + VAT per spouse.
Every situation is different: this result does not replace a lawyer's advice.
Guided Package — €970 + VAT per spouse
No dependent children, no disparity in income or assets. This fee applies as soon as your situation falls outside the "ready-made" scope of the Signature Package: you need support negotiating, a community-property regime, or real estate to divide.
Fee shown per spouse and excluding VAT: in a mutual-consent divorce, each spouse is assisted by their own lawyer (Article 229-1 of the Civil Code).
Add, depending on your case: about €50 including tax for depositing the agreement with the notary (€41.20 excluding tax, payable once for the couple) · dividing the matrimonial regime, quoted separately: under a community regime, joint assets (accounts, savings, furniture) are divided, with the 1.10% division duty on the net value divided; real estate requires a notarial deed · an additional success fee depending on the complexity of the case · +€1,200 + VAT for a court-approved amicable divorce: a minor child who asks to be heard, or a spouse abroad who cannot travel for the signing. Where a spouse is under a legal protective measure, French law rules out a mutual-consent divorce (Articles 229-2 and 249-4 of the Civil Code): the case falls outside these packages and is billed hourly. A foreign element does not require a judge, but the court route may be chosen where recognition of the divorce abroad is at stake. Two French nationals living abroad can sign at our offices in Dubai or Morocco, without travelling to France: package +€2,500 + VAT per spouse.
Every situation is different: this result does not replace a lawyer's advice.
Signature Package — €570 + VAT per spouse
The most economical option: no children, no disparity in income, no real estate, separate-property regime, and a ready-made agreement — "we agree on everything, we're ready to divorce."
Fee shown per spouse and excluding VAT: in a mutual-consent divorce, each spouse is assisted by their own lawyer (Article 229-1 of the Civil Code).
Add, depending on your case: about €50 including tax for depositing the agreement with the notary (€41.20 excluding tax, payable once for the couple) · an additional success fee depending on the complexity of the case · +€1,200 + VAT for a court-approved amicable divorce: a minor child who asks to be heard, or a spouse abroad who cannot travel for the signing. Where a spouse is under a legal protective measure, French law rules out a mutual-consent divorce (Articles 229-2 and 249-4 of the Civil Code): the case falls outside these packages and is billed hourly. A foreign element does not require a judge, but the court route may be chosen where recognition of the divorce abroad is at stake. Two French nationals living abroad can sign at our offices in Dubai or Morocco, without travelling to France: package +€2,500 + VAT per spouse.
Every situation is different: this result does not replace a lawyer's advice.
These fixed fees only apply to an amicable divorce
If your divorce is not (or not yet) amicable, the budget works differently: fees depend on the procedure and how long it runs. The first questionnaire on this page helps you find out whether the amicable route is open to you; for other procedures, see our dedicated fees page.
Every situation is different: this result does not replace a lawyer's advice.
Lawyers' fees are unregulated: there is no official price list for an amicable divorce. At DAF Darmon Avocats Famille, we use fixed fees to give you a clear price from the outset. The package depends on three factors: whether there are children, jointly owned property, and any disparity in income or assets. On top of this fee, about €50 is added for the notary's deposit fee and, if there are joint or co-owned assets to divide, the 1.10% division duty on the net assets divided.
These fixed fees apply only to an amicable divorce. For other procedures and the full breakdown of our fees, see our page on the cost of a divorce by procedure.
Our fixed-fee packages for an amicable divorce
Signature
Package
€570 + VAT
Your situation
- Ø No children
- Ø No income disparity
- Ø No real estate
- Separate-property matrimonial regime
- Ready-made agreement: "We agree on everything, we're ready to divorce."
Guided
Package
€970 + VAT
Your situation
- Ø No children
- Ø No income disparity
- You need support negotiating your amicable divorce
Family
Package
€1,970 + VAT
Your situation
- Dependent child(ren)
- Ø No income disparity
Compensatory Allowance
Package
€3,770 + VAT
Your situation
- Income or asset disparity between spouses
Fee per spouse, excluding VAT: each spouse is assisted by their own lawyer (Article 229-1 of the Code civil)- Excludes the notary's deposit fee (about €50 including tax, i.e. €41.20 excluding tax, payable once for the couple)
- Court-approved amicable divorce: package + €1,200 + VAT
- Signing at our offices in Dubai or Morocco (French expats) + €2,500 + VAT per spouse
- An additional success fee may apply depending on complexity
- Division of matrimonial assets quoted separately
Out-of-court or court-approved amicable divorce?
There are in fact two amicable routes, and the choice does not depend on the spouses' preference — it depends on their situation.
Amicable divorce without a judge (mutual consent by a lawyers' deed) has been the standard route since 1 January 2017. No judge is involved: the agreement drafted by the lawyers is deposited with a notary, and the divorce takes effect on that date. It is the fastest option, one to three months.
A court-approved amicable divorce is an amicable divorce approved by a judge. French law requires it where a minor child asks to be heard by the judge (Articles 229-2 and 230 of the Code civil): the judge then rules on the child's request, meets each spouse separately and then together, and approves the agreement before granting the divorce; this procedure therefore involves a hearing and the personal appearance of both spouses (Article 250 of the Code civil). Where there is a foreign element — a foreign spouse, a marriage celebrated abroad, or expatriate spouses — French law does not require a judge. The court-approved amicable divorce is also the solution where the spouses agree on everything but one of them cannot attend the signing, or where a court decision helps the divorce to be recognised abroad: the judge then approves their agreement on all the consequences.
DAF Darmon Avocats Famille determines with you, from the first consultation, which route fits your situation, and handles either one.
| Amicable divorce without a judge | Court-approved amicable divorce | |
|---|---|---|
| Goes before a judge? | No — lawyers' agreement deposited with a notary | Yes — the judge hears the child, meets both spouses, then approves the agreement |
| When to use it | Both spouses agree on everything, no child asking to be heard, no protective measure | A minor child asks to be heard (the only case provided for by law) |
| Indicative timeline | 1 to 3 months | A few months longer, depending on the court's calendar |
| Cost at the firm | Fixed fee, based on your situation | Fixed fee + €1,200 + VAT |
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.
Frequently asked questions
Yes. Since 1 January 2017, each spouse must have their own lawyer — you need two, and a lawyer shared by both spouses is not allowed for a divorce without a judge. You cannot obtain a mutual-consent divorce without a lawyer: the two lawyers draft the divorce agreement and ensure each spouse's interests are protected.
Generally one to three months. The only fixed period is the 15-day reflection period between receiving the draft agreement and signing it. The timeline lengthens if there is real estate to divide, which requires a notarial settlement, or compensatory allowance to negotiate.
On the principle of divorce and on every one of its consequences, without exception: what happens to the home, division of assets and the matrimonial regime, parental authority and the children's residence, contact arrangements, child support, compensatory allowance, and tax matters. Any disagreement, however small, closes the door to a mutual-consent divorce without a judge.
Each spouse chooses their own lawyer. The lawyers draft and negotiate the divorce agreement, then send it to each spouse by registered letter. A 15-day reflection period follows, after which the agreement is signed by all four parties. The lawyers send the agreement to the notary within seven days; the notary deposits it within fifteen days, which makes the divorce final.
The amicable, out-of-court divorce stops there: no one can be forced to sign. A court divorce must then be started instead (accepted divorce, definitive breakdown, or fault). The amicable route remains open and can be resumed later if an agreement is reached.
Not for a divorce without a judge: since 1 January 2017, each spouse is advised and represented by their own lawyer, which protects both of them. Before the judge, in a court-based mutual-consent divorce (when a minor child asks to be heard), a single shared lawyer remains possible (Article 250 of the Civil Code).
Yes, as long as the agreement has not yet been deposited with the notary: either spouse can apply to the court for a judicial divorce or a legal separation instead. Once the deposit is made, the divorce is final: the only remaining remedy is an action to annul the agreement (defective consent, formal irregularity), and if it succeeds the divorce falls with it.
Both, with distinct roles. The two lawyers advise the spouses, negotiate and draft the divorce agreement. The notary steps in only at the end: they record the agreement in their official register after a formal check (mandatory wording, deadlines respected), without ruling on the substance or the fairness of the agreement.
Related reading: the exact cost breakdown of a divorce in France.
About €50 for depositing the agreement in the notary's official register: this is the only systematic cost. If the agreement divides no assets, no registration duty is payable. As soon as the agreement or its settlement schedule divides jointly or co-owned assets (bank accounts, savings, a car, real estate…), the 1.10% division duty is payable on the net assets divided. Where real estate is divided, the notary draws up the settlement as an authenticated deed, which adds a proportional notary's fee.
Yes. A foreign element is not a legal ground of exclusion: Article 229-2 of the Code civil closes the out-of-court route only where a minor child asks to be heard, or where a spouse is under a legal protective measure. The real question is recognition abroad. Within the European Union, except Denmark, an out-of-court divorce registered since 1 August 2022 is recognised without any particular procedure, on production of a European certificate, although recognition may still be refused in the cases set out in the regulation. Outside the EU, it depends on each country's law. Where a court decision is sought, French law reserves the court-approved mutual-consent divorce for the case where a child asks to be heard (Article 230 of the Code civil): the court route open to spouses who agree on everything is usually the accepted divorce, in which the judge may approve their agreements on the consequences (Articles 233 and 268).
Yes, at any point in the proceedings, as soon as the spouses agree on the principle of the divorce and on every one of its consequences (a bridge provision, Article 247 of the Code civil). The court proceedings stop and the lawyers draft a divorce agreement to be deposited with the notary.
Yes, if both spouses agree. Each spouse has their own lawyer, who acts only in that spouse's interests. But the divorce agreement can provide that one spouse bears all or part of the costs, including the other spouse's lawyer's fees. Failing that, each spouse pays their own lawyer and the other costs are shared equally (Article 1144-5 of the Code of Civil 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."
"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."
