Changes to the divorce process are made under the Justice Reform Act (simplification of vocabulary, information for children, transition from one divorce to another…).
The spouses do not have to appear before the JAF in order to get a divorce by mutual consent, unless a spouse’s child asks a hearing with the judge.
There may be a written agreement between the spouses and their separate attorneys.
The contract needs to be notarized.
If the spouses consent to the divorce and all of its repercussions, the application may be made (division of property, parental authority, maintenance, child support ).
There is no minimum time requirement for marriage.
There is no requirement for divorce reasons from spouses.
They must consult with their individual attorneys.
A youngster who has been told of his right to be heard by the judge by his parents must request to be heard by the judge in order for a divorce to be finalized by mutual consent.
A draft of the agreement will be sent by the attorney to the assisting spouse through registered letter with receipt acknowledgement.
The spouses are not permitted to sign this document until 15 days have passed since the spouses’ receipt of it.
The agreement is void if one of the spouses signs it before the 15-day window has passed.
This agreement is a confidential signature that is dated and signed by the attorneys for both spouses.
The spouses and their attorneys have signed it three times each.
A copy of the agreement and all of its annexes must be kept in its original form by each spouse.
The notary needs the third original.
Within seven days of the date of signature, the agreement must be sent to the notary.
The spouses may file a petition with the court for body separation or divorce up until the agreement is placed with a notary (for example, divorce for fault).
The contract must subsequently be filed with a notary, who will maintain it as a minute.
The notary verifies that these terms are included in the agreement and that the 15-day reflection period was adhered to.
The agreement can be given a specific date and enforceable force, i.e., the Convention will take effect right away, by being deposited with the notary.
The registrar must make a note of the divorce in the margins of the marriage.
On the basis of a certificate of deposit provided by the notary, the applicant or his attorney submits the application to the town hall.
It should be mentioned that in some nations, only judicial divorce (i.e., subject to the judge’s consent) is recognized if one of the spouses is a foreign national.
Do not hesitate to contact Maître ANCEL for an in-depth examination of your case.
Cell Phone : 07 67 72 53 87
Phone : 01 47 69 18 06