Divorce is never trivial. But when both spouses agree on the principle of separation and its consequences, French law offers a simplified framework that avoids the court, shortens timelines, and significantly eases the emotional and financial burden of the process. Divorce by mutual consent is now the most common route in France, and for good reasons.
A procedure without a judge since 2017
Since the reform of January 2017, divorce by mutual consent takes place entirely outside of court, except in specific cases. Each spouse appoints their own lawyer, negotiates the terms of their separation, and then formalizes the agreement in a convention signed by both parties and filed with a notary. This filing with the notary gives enforceable force to the convention and officially finalizes the divorce without any judge’s intervention.
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The only exception concerns couples with minor children who request to be heard by a judge. In this specific case, the procedure goes back through the family court, but remains distinct from traditional contentious divorce.
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The concrete steps of the procedure
The procedure unfolds in several clearly defined stages. First, both spouses choose their respective lawyer, necessarily two distinct lawyers to ensure the independence of each party’s counsel. The two lawyers then jointly draft the divorce convention, the central document that details the division of assets, the children’s residence, alimony, compensatory allowance if owed, and all the terms of the separation.
Once the draft convention is finalized, one spouse receives it by registered mail and has a legal reflection period of fifteen days before being able to sign. This period is non-negotiable, regardless of the amicable relationship between the parties. After signing, the convention is sent to the notary, who has seven days to verify its compliance and proceed with the filing. The divorce becomes effective from the date of this filing.
The actual timelines to anticipate
On paper, the procedure can be completed in one to three months. In practice, the average timeline ranges from two to six months depending on the availability of the lawyers, the complexity of the assets to be divided, and the fluidity of communication between the parties.
A shared real estate asset systematically extends the timelines, as the liquidation of the matrimonial regime requires the intervention of a notary beforehand, even before drafting the convention.
The cost, what to really budget for
Lawyer fees are the main expense. Each spouse pays their own counsel, with free rates that vary according to the complexity of the case and the location of the firm. Outside major metropolitan areas, fees for a simple case start around 800 to 1,200 euros per lawyer. In Paris, the range typically rises between 1,500 and 3,000 euros per party for a case without major asset disputes.
Notary fees are added for the filing of the convention, with the regulated fee set at 50 euros per spouse, totaling 100 euros, which remains marginal.
In the case of a shared real estate asset, notary fees related to the liquidation of the community or joint ownership apply separately and can amount to several thousand euros depending on the value of the assets involved.