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France Divorce Guide: Laws, Process & Costs

Everything you need to know about divorce in France.15 in-depth guides covering your rights, costs, and options.

Legal System

Civil law

Divorce Type

4 types: mutual consent, acceptance, irretrievable breakdown, fault

Waiting Period

None for mutual consent; 1–2 years for others

Average Cost

€1,500–€20,000+

Property System

Communauté réduite aux acquêts (community of acquisitions)

Residency

Habitual residence in France

Divorce Law in France: Overview

France offers four distinct types of divorce, from the ultra-fast mutual consent divorce (which since 2017 can be completed without a judge, through a notarized agreement) to the lengthy fault-based divorce. French law defaults to community property (communauté réduite aux acquêts), meaning everything acquired during marriage is shared 50/50. A unique feature is the prestation compensatoire — typically a one-time lump sum rather than ongoing payments — designed to compensate for the economic disparity caused by divorce. French courts strongly protect privacy, and divorce financial details can be sealed from public view.

Key Legislation

Code Civil Articles 229-309

All four types of divorce: mutual consent, acceptance, irretrievable breakdown, and fault.

Loi n°2016-1547 (J21 Law)

Since 2017, mutual consent divorce can be done without a judge via notarial act.

Code Civil Articles 270-281

Prestation compensatoire — one-time compensatory payment at divorce.

Code Civil Articles 371-387

Autorité parentale (parental authority) provisions — joint authority continues after divorce.

Grounds for Divorce

  • Divorce par consentement mutuel: mutual consent — both agree on all terms
  • Divorce accepté: both accept breakdown but disagree on consequences
  • Divorce pour altération définitive du lien conjugal: 1 year separation
  • Divorce pour faute: fault-based (adultery, violence, conviction, etc.)

How to Divorce in France: Step-by-Step

1

Choose divorce type

Mutual consent is fastest; fault-based is longest.

2

Mutual consent: draft agreement

Each spouse has their own lawyer. They draft a convention covering all terms.

3

15-day reflection period

Each spouse has 15 days to review the agreement before signing.

4

Sign before notary

Since 2017, no judge needed. Notary registers the agreement.

5

Contested: file petition

For non-mutual cases, file at the Tribunal Judiciaire.

6

Conciliation hearing

Judge attempts reconciliation; sets temporary measures.

Recent Legal Reforms

2017

Revolutionary reform: mutual consent divorce no longer requires a judge. Done via notarized agreement.

2020

Divorce par altération: separation period reduced from 2 years to 1 year.

2004

Major reform simplifying all four divorce types and reducing adversarial elements.

What Makes France Divorce Unique

  • Mutual consent divorce without a judge (since 2017) — fastest in Europe for agreed divorces
  • Prestation compensatoire is typically a lump sum, not ongoing payments — clean break principle
  • Four distinct types of divorce with different procedures and timelines
  • Extremely strong privacy protections — divorce financial details can be sealed
  • Community property by default, but couples can choose separation of property by marriage contract

France Divorce Statistics

~45% of marriages

Divorce rate

~55% of all divorces

Mutual consent divorce

€1,500-€4,000

Average cost (mutual)

€5,000-€20,000+

Average cost (contested)

2-6 months

Average duration (mutual)

France Divorce Guides

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Legal Disclaimer: This article covers France divorce law for general informational purposes only and does not constitute legal advice. Laws change frequently. Always consult a qualified family law attorney or solicitor in France for advice specific to your situation.