Two routes to divorce in France
Divorce by mutual consent requires the spouses to agree on the divorce itself and on all its consequences: property, maintenance, children, compensatory payment. Since 1 January 2017, it takes the form of an agreement signed by the spouses and their two lawyers, one for each spouse, then filed with a notary (articles 229-1 to 229-4 of the Civil Code). The judge intervenes only when a minor child asks to be heard or when one spouse is under a legal protection measure.
The other cases go before the family court judge (juge aux affaires familiales): accepted divorce, where the spouses agree on the principle but not on the consequences; divorce for final breakdown of the marriage, which requires at least one year of separation; and divorce for fault. Maintenance, the residence of the children and contested issues are handled by the lawyers and the judge. The notary's role concerns the property.
| Procedure | Condition | Judge | Notary's role |
|---|---|---|---|
| Mutual consent by lawyers' agreement | Full agreement on the divorce and its consequences | None, unless a minor child asks to be heard | Filing of the agreement; notarial deed of liquidation if real estate is involved |
| Accepted divorce | Agreement on the principle only | Family court judge | Draft liquidation if appointed by the judge; partition deed |
| Final breakdown of the marriage | At least one year of separation | Family court judge | Same as accepted divorce |
| Fault | Serious or repeated breach of marital duties | Family court judge | Same as accepted divorce |
Filing the mutual consent agreement with a notary
Each spouse receives the draft agreement from their lawyer by registered letter and must wait fifteen days before signing it. After signature, the agreement is sent to the notary, who checks that it contains the particulars required by article 229-3 of the Civil Code and that the reflection period has been observed. The notary then files it among the office's records (dépôt au rang des minutes).
The filing gives the agreement a certain date and enforceable effect: the marriage is dissolved on that date. The notary's fee for the filing is set by the regulated tariff at €41.20 before VAT. When the couple owns real estate, the division of property must first be recorded in a notarial deed, signed before the divorce agreement and annexed to it. Our French guide on divorce by mutual consent without a judge describes each step.
Which court and which law? Brussels II ter and Rome III
Within the European Union, jurisdiction is determined by Regulation (EU) 2019/1111, known as Brussels II ter, for proceedings started since 1 August 2022. The courts of a Member State have jurisdiction when, for example, the spouses are habitually resident there, the respondent lives there, or the applicant has lived there for at least a year. The courts of the State of the spouses' common nationality also have jurisdiction.
The law applicable to the divorce is designated by Regulation (EU) No 1259/2010, known as Rome III, in the Member States taking part in it, including France. The spouses may choose, in a dated and signed written agreement, the law of the State where they are habitually resident, the law of their last common habitual residence if one of them still lives there, the law of the nationality of either of them, or the law of the court seised. Failing a choice, the law of the spouses' habitual residence when the court is seised generally applies. The choice of country therefore has consequences, which each spouse's lawyer assesses before any proceedings start.
Dividing the property: the matrimonial regime
The division of property follows the law of the matrimonial regime, which may differ from the law of the divorce. For spouses married since 29 January 2019, EU Regulation 2016/1103 applies: failing a choice, the law of their first common habitual residence after the marriage governs. For marriages celebrated between 1 September 1992 and 28 January 2019, the Hague Convention of 14 March 1978 applies, and the applicable law may have changed automatically, in particular after ten years of residence in another country. Our page on marriage contracts and matrimonial regimes explains these rules.
Under the French default regime of community of acquisitions, each spouse takes back their own property, and the property acquired during the marriage is shared equally after payment of the debts, with compensation accounts where one estate has financed the other. Under separation of property, only the assets bought jointly are divided, in the proportions stated in the purchase deed. When one spouse keeps the family home, they pay the other an equalisation payment (soulte), calculated on the net value after deduction of the outstanding loan.
What does the division cost?
A division following a divorce or the end of a PACS bears a partition duty (droit de partage) of 1.1 % of the net assets divided, under article 746 of the General Tax Code. The notary's regulated fee is calculated on the gross assets, by bands. The property security contribution of 0.10 % of the value of the real estate and some disbursements are added.
For example, a couple dividing a house worth €300,000 with a remaining loan of €100,000, plus €20,000 of savings, divides net assets of €220,000. The partition duty amounts to €2,420, and the notary's fee, calculated on €320,000 of gross assets, to about €3,690 before VAT. The lawyers' fees are agreed separately with each spouse.
| Item | Amount | Legal basis |
|---|---|---|
| Filing of the mutual consent agreement | €41.20 before VAT (€49.44 including VAT) | Regulated notarial tariff |
| Partition duty after divorce or end of PACS | 1.1 % of the net assets divided | Article 746 of the General Tax Code |
| Notary's partition fee | 4.837 % up to €6,500, 1.995 % up to €17,000, 1.330 % up to €60,000, 0.998 % above, before VAT | Regulated notarial tariff |
| Property security contribution | 0.10 % of the value of the real estate | General Tax Code |
Recognition of the divorce abroad
A French divorce by mutual consent filed with a notary circulates within the European Union with the certificate provided for by the Brussels II ter Regulation, issued on request. A French court judgment is also recognised in the other Member States under that Regulation.
Outside the European Union, recognition depends on the law of each country, and some States require a court decision. When one spouse has strong ties with a non-EU country, a lawyer of that country should confirm, before the procedure is chosen, that a divorce without a judge will be recognised there. A judicial divorce may then prove the more secure option.
Living abroad with property in France
A property located in France is transferred by a notarial deed registered with the land registry, whatever the law governing the divorce or the regime. When a foreign court has ruled on the division, a deed received by a French notary remains necessary in practice to register the new owner, after recognition of the decision where required.
Spouses who live abroad can sign the liquidation deed or the partition deed through a notarial power of attorney granted by video call: see remote notarial signing. We work with the lawyers of both spouses, in France and abroad, while remaining impartial, as our status of public officer requires. Our French guide on international divorce goes into further detail.