divorce by mutual consent
Divorce by mutual consent procedure is the simplest and least burdensome for the dissolution of marriage.
Although divorce litigation still 60% of cases, divorce by mutual consent is widely encouraged by current legislation.
Divorce by mutual consent was introduced in legislation since 1975. He has since undergone many changes. Today, while divorce litigation are 5 stages, divorce by mutual consent only requires two.
To initiate a divorce by mutual consent, it is sufficient for spouses to file a single request to the “secretariat-greffe du Tribunal de Grande Instance” on which they depend. A proposal for a convention on the consequences of separation must be attached to this request, and a liquidation of property if necessary.
Once the agreement accepted by the Family Court, divorce by mutual consent is effective.
Even if a divorce by mutual consent induced a good agreement between the spouses, it is advisable to be assisted in this by a notary or a lawyer, see a lawyer each. Indeed, the terms set by a convention then weigh for years on the lives of ex-spouses and their children. It is essential that it be drafted with foresight and fairness. In addition, conflicts of interest may arise during a divorce by mutual consent, then sliding to a contentious divorce, where both parties will be better defended if the lawyers were present from the beginning.
