A divorce in France is based on a precise legal framework, profoundly modified since the reform that came into effect on September 1, 2020. This reform, stemming from the law of March 23, 2019, abolished the former conciliation phase in contentious divorces and established a single orientation hearing and provisional measures. Understanding this new process allows one to approach each step of the procedure with a solid case from the outset.
Orientation Hearing: What Has Changed Since the Divorce Reform
Before September 2020, contentious divorce involved two distinct judicial phases. The petitioning spouse would first file a request, followed by a conciliation hearing, often several months later. If the conciliation failed, a summons would initiate the second phase, that of the judgment.
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This two-step mechanism has disappeared. Now, the divorce summons replaces the initial request and directly brings the case before the judge. The orientation hearing, which takes place after this summons, is used to set provisional measures (child custody, alimony, housing arrangements) and to organize the next steps of the procedure.
The direct consequence for the spouses is that they must arrive prepared for this first hearing, with all supporting documents. There is no longer a “warm-up” before the judge. An incomplete file at this stage can lead to unfavorable provisional measures that are difficult to rectify later. To find the steps on Cap Famille, each phase is detailed in chronological order applicable since the reform.
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Mutual Divorce or Contested Divorce: Choosing the Right Procedure
The choice between mutual consent divorce and contentious divorce determines the duration, cost, and level of conflict of the entire procedure. This choice is made in advance, ideally during the first consultation with a lawyer.
Mutual Consent Without a Judge
Since 2017, spouses who agree on all the consequences of separation can divorce without going to court. Each spouse appoints their own lawyer, a convention is drafted, and then filed with a notary. The mandatory reflection period is fifteen days after each party receives the draft convention.
This route is inaccessible when a minor child requests to be heard by the judge. In this case, the file automatically shifts to a judicial procedure.
Contentious Divorce
When spouses do not agree on the principle of divorce or its consequences, three contentious forms exist:
- Divorce by acceptance of the principle of rupture, where both spouses acknowledge that the marriage is over but disagree on the terms (custody, division of property, compensatory payment).
- Divorce for definitive alteration of the marital bond, based on a separation of at least one year by the date of the summons.
- Divorce for fault, reserved for situations where one spouse invokes a serious violation of marital duties, with supporting evidence.
The type of procedure directly affects the duration. A mutual consent divorce can be completed in a few weeks to a few months. A divorce for fault can extend over several years.
Division of Real Estate: A Common Sticking Point
The liquidation of the matrimonial regime often constitutes the longest step in the divorce, even more so than the judicial procedure itself. When the couple owns real estate in joint ownership or through a real estate company, the division can become more contentious than the divorce itself.
Notaries have recommended for several years to start drafting a draft deed of division or a joint ownership agreement as soon as the divorce procedure begins. Waiting for the final judgment to address the real estate prolongs the timelines and keeps the ex-spouses in a situation of financial interdependence.
Three options are available for a common property:
- The sale of the property and division of the proceeds, the simplest solution but dependent on the market.
- The buyout of the other spouse’s share by one of them, which requires sufficient borrowing capacity and a contradictory valuation of the property.
- Maintaining joint ownership, regulated by an agreement that sets the charges and duration, often used when children occupy the residence.
Family Mediation Before the Judge: An Almost Systematic Step
Since 2022, several bar associations (Paris, Lyon, Lille) strongly recommend family mediation or participatory procedures before any referral to the judge. In divorces involving children, some courts systematically refer spouses to an information session on mediation.
Mediation does not replace the judicial procedure. It aims to reduce the number of points of disagreement submitted to the judge. A couple that resolves the issue of child custody and alimony through mediation only needs to submit the remaining points to the court, which shortens the hearing and the judgment timeline.
The family mediator is a state-certified professional, distinct from the lawyer. Their role is to facilitate dialogue, not to make decisions. The cost of mediation is calculated based on the income of each spouse, with a national scale set by the Family Allowances Fund.
This step concretely modifies the divorce process: a spouse who refuses to attend the information session risks having the judge take this into account in assessing the case, without it constituting a formal sanction.
The divorce procedure in France now combines mandatory steps before a lawyer, sometimes a mediator, a notary for mutual consent or property division, and a judge for contentious cases. Preparing a complete file before the first hearing remains the factor that most reduces timelines and costs, regardless of the type of divorce chosen.