Legal Framework
- Civil Code
- Code of Civil Procedure
- Law of 23 March 2019 (Justice Programming Act 2018-2022)
- Law of 18 November 2016 (introduced divorce without judge)
Competent Authority
Two options:
- Courts (judicial divorce):
- Notaries (for consensual divorce with conditions)
Access Requirements
For Judicial Divorce:
- Required for fault-based divorce
- Required when requested by only one spouse
- Required when notarial divorce conditions not met
For Notarial Divorce (must meet all conditions):
- Mutual consent between spouses
- Both spouses must be legally capable
- No minor child requesting to be heard by judge
Procedure
- Judicial Divorce:
- Begins with writ of summons or joint petition
- Preliminary hearing
- Judge can order provisional measures
- Final hearing and deliberation
- Judgment becomes final after appeal period
- Notarial Divorce:
- Spouses draft agreement with lawyers (must cover personal and property consequences)
- 15-day reflection period after receiving draft
- Agreement signed in triplicate
- Filed with notary within 7 days
- Notary verifies formal requirements only
- Divorce final upon filing
Statistical analysis
From the French national Institute of Statistics (INSEE): Until 2016, divorces were legal decisions issued by a family court judge. Starting in 2017, following Law No. 2016-1547 of November 18, 2016, on the modernization of 21st-century justice, divorce proceedings can also be registered by a notary. These notarial records are not available, and therefore comprehensive data on divorces is not accessible.