The four types of divorce under French law
France provides for four distinct types of divorce, governed by Article 229 et seq. of the Code civil:
- mutual-consent divorce, by a lawyers' deed;
- accepted divorce;
- divorce for definitive breakdown of marital life;
- divorce for fault.
Broadly, there are two families of divorce: the three traditional, judicial procedures pronounced by the family court judge (JAF), and mutual-consent divorce by a lawyers' deed — an amicable, out-of-court procedure.
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.
The 4 types of divorce at a glance
| Type of divorce | Agreement required | Indicative timeline | Judge? | Conflict level |
|---|---|---|---|---|
| Mutual consent | Full agreement, on the principle and every consequence | The shortest: about 1 to 3 months after the 15-day reflection period | No, as a rule (lawyers' deed deposited with a notary) | None |
| Accepted | On the principle of divorce only | The fastest court divorce, no separation period required | Yes, for the consequences | Low to moderate |
| Definitive breakdown of marital life | No agreement required | After 1 year of separation at the date of the claim, plus the length of proceedings | Yes | Moderate (no fault to prove) |
| Fault | No agreement; the claimant must prove a serious or repeated breach by the other spouse | The longest, a full contested procedure | Yes | High |
- You agree on everything with your spouse: mutual consent is the fastest and least expensive option.
- You agree on the principle of divorce but not on its consequences: accepted divorce avoids having to prove fault.
- You cannot reach any agreement but do not want to prove fault: divorce for definitive breakdown of marital life is available after one year of separation.
- Your spouse has committed a serious or repeated breach you can prove: divorce for fault lets you draw the financial consequences from it.
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Understanding each of the 4 types of divorce
Accepted divorce is governed by Article 233 et seq. of the Code civil and is a "simplified" procedure, since the court only has to rule on the consequences of divorce — the parties having already agreed on the principle itself.
Since 1 January 2021, this acceptance may be given before the claim is filed, by a private deed countersigned by both spouses' lawyers, dated less than six months earlier and attached to the claim. It can also be given during the proceedings, by a handwritten and signed statement each lawyer files with the court.
This acceptance is final and irrevocable, even on appeal: you can no longer raise the causes of the divorce or either spouse's faults — the proceedings then bear only on the consequences, between the spouses and, where relevant, for the children.
Divorce for definitive breakdown of marital life is governed by Article 237 et seq. of the Code civil. Since 1 January 2021, it requires one year of separation at the date of the claim (the period was two years before). Where the claimant files for divorce without stating the ground, the one-year period is assessed at the date the divorce is pronounced (Article 238, paragraph 2, of the Code civil): proceedings can then be started before one year of separation.
You may be exempt from this period in the case of a counterclaim. For example, if your spouse sues you for divorce for fault, you can counterclaim for divorce on the ground of definitive breakdown, and if the fault claim is dismissed the divorce can still be pronounced on the counterclaim, regardless of how long you have been separated (Cour de cassation, 1st civil chamber, 5 January 2012).
Divorce for fault is governed by Article 242 et seq. of the Code civil. Unlike the other types, it means a longer and therefore more costly procedure.
You can only rely on divorce for fault when you have a fault to hold against your spouse, which you must prove, and that fault must amount to a serious or repeated breach of the duties and obligations of marriage, attributable to your spouse, making it intolerable to continue living together.
Some examples
- Adultery: courts have held that a wife living at her lover's home is itself a serious and repeated breach making continued cohabitation intolerable (Aix-en-Provence Court of Appeal, 7 November 2006).
- By contrast, refusing sexual relations, including non-consummation of the marriage, can no longer ground a divorce for fault: long treated as a fault by French courts, it led the European Court of Human Rights to rule against France (ECtHR, 23 January 2025, H.W. v. France, no. 13805/21), and a bill now going through Parliament would write into the Code civil that married life creates no obligation to have sexual relations.
- Domestic violence.
- A more unusual example: making the family home uninhabitable through an overrun of animals was held to amount to a serious and repeated breach of marital duties (Cour de cassation, 1st civil chamber, 23 February 2011).
Mutual-consent divorce was substantially reformed by Law No. 2016-1547 of 18 November 2016, which removed the judge from the process: the divorce agreement drafted by the lawyers is no longer reviewed by the family court judge.
Each spouse must now be represented by their own lawyer — a single lawyer for both spouses is no longer possible for this out-of-court divorce. See our dedicated page on mutual-consent divorce for the full step-by-step process and our fixed-fee packages.
This procedure can only be used if you agree on absolutely every measure — between spouses (the marital name, each spouse's residence, compensatory allowance, division of matrimonial assets) and for the children (parental authority, residence, contact arrangements, child support). If either spouse is a foreign national, it is worth checking beforehand that this out-of-court divorce will be recognised in that country. Lastly, it is ruled out if a minor child asks to be heard by the judge (the judge then pronounces the divorce) or if a spouse is under a legal protection measure such as guardianship or curatorship (Articles 229-2 and 249-4 of the Code civil).
Reminder – the main stages of a contested divorce
Since 1 January 2021, there is no longer a conciliation hearing or a non-conciliation order. Mutual-consent divorce does not follow this pattern: as a rule, it is settled without a judge.
Filing the claim
Proceedings are opened by a summons drafted by your lawyer and served on your spouse by a commissaire de justice (bailiff), or by a joint application if both spouses accept the principle of divorce. The ground can be stated from the outset for accepted divorce or definitive breakdown; for divorce for fault, it is set out later, in the first written submissions (Article 251 of the Code civil).
Orientation hearing and interim measures
At the start of the proceedings, unless the spouses waive it, the judge holds a hearing on interim measures: organising family life during the proceedings (housing, child support, the children's residence…), until the divorce is final.
Case preparation and judgment
The lawyers exchange submissions and evidence under the case-management judge's supervision, then argue the case. The judge issues the divorce judgment and rules on its consequences.
Frequently asked questions
Mutual-consent divorce (full agreement, as a rule no judge, by a lawyers' deed deposited with a notary), accepted divorce (agreement on the principle only, the judge settling the consequences), divorce for definitive breakdown of marital life (one year of separation, without the other spouse's agreement), and divorce for fault (proof of a serious or repeated breach of marital duties by the other spouse, making continued married life intolerable).
Mutual-consent divorce: about one to three months, after the mandatory 15-day reflection period. Among court divorces, accepted divorce is the fastest, since it requires no separation period and the only debate is over the consequences.
Yes, in the cases set out by law (the "bridge" mechanisms, Articles 247 to 247-2 of the Code civil): moving from a contested divorce to mutual consent, from a divorce for fault or definitive breakdown to an accepted divorce, or from definitive breakdown to fault if the defendant raises it by counterclaim.
One year at the date of the claim, since 1 January 2021 (it was two years before). Where the claimant files for divorce without stating the ground, the one-year period is assessed at the date the divorce is pronounced (Article 238, paragraph 2, of the Code civil): proceedings can then be started before one year of separation.
Mutual-consent divorce, usually billed on a fixed-fee basis shared or split between the spouses, plus the fixed cost of depositing the agreement with a notary (about €50). Court divorces, billed by time spent, cost more, with divorce for fault typically the most expensive.
"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."
