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Grounds for Divorce in France

One Question to my lawyer


What are the grounds for Divorce in France?


Dear Client, divorce in France is based is possible on several grounds.


1. Divorce extrajudiciaire par consentement mutuel

- In France, since 2017, spouses can divorce without a court procedure. Each spouse must have their own lawyer, who will draft a divorce agreement to be approved and signed by both parties, all at the same time, during a meeting in one of the lawyer’s offices or directly with the notary. This type of divorce is supposed to be quick and less conflictual, but its qualities depend a lot on the spouses’ capacity to enter an agreement.


2. Divorce par acceptation du principe de la rupture du mariage sans considération des faits à l’origine de celle-ci

- Spouses accept the principle of their separation without having to specify the reasons. This divorce is irrevocable once the minutes are signed and it cannot be challenged through an appeal.


3. Divorce pour alteration définitive du lien conjugal

- In general terms, the divorce can be based on these grounds when the spouses have been living separately for at least one year from the beginning of the procedure and one of them states that their family life as spouses is definitively impossible. If spouses do not meet this requirement of one year of not living together for a year before the procedures begin, the judge will have to wait one year before the divorce order is given.


4. Divorce pour Faute

- This type of divorce is requested when one of the spouses has committed a serious or repeated violation of the rights and responsibilities encompassed by marriage, such as loyalty and fidelity or mutual-assistance obligations. In this case, evidence of fault must be provided for the divorce to be ordered.


Each type of divorce has its specificities and is chosen according to the particular situation of the spouses. It is essential to understand these foundations to choose the most suitable procedure for your situation and to avoid wasting time and money.


Do not hesitate to seek advice from a lawyer specializing in family law for personalized counsel.


If you don’t know me yet, nice to e-meet you, I am Joana Silveira, a lawyer registered with Versaille’s Bar, and also in a Brazilian Bar, with a secondary office in Paris.


I do online consultations daily. Do not hesitate to reach out to my office. Here are the contact details you need:


MAIN OFFICE IN VERSAILLES

28 rue des réservoirs 78000 VERSAILLES

(Ligne L – Train Station - Versailles RIVE DROITE)


SECONDARY OFFICE IN PARIS

38 rue du Mont Thabor 75001

(Underground station - CONCORDE)


📞09 79 31 94 55



 
 
 

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