Divorce By Mutual Consent: Everything You Need To Know

Divorce by mutual consent has great advantages over contentious divorce. In addition to being faster and more economical, it is also less painful, a point to consider when children are involved.

Divorce by mutual consent, also known as amicable divorce, has many advantages over contentious divorce. It is faster, more economical and much simpler. In addition, it is much less “painful” for everyone, especially for minor children.

Divorce by mutual consent, what is it?

Divorce is a legal institution that allows for the dissolution of a marriage. A judicial process including the presence of a magistrate to dictate the divorce sentence is not always essential.

In France, it is indeed possible to go to a notary accompanied by a lawyer to sign a divorce agreement which includes the agreements or pacts established between the two parties. This is called divorce by mutual consent. It is therefore not always necessary to initiate legal proceedings in court.

However, if the divorcing couple have minor children wishing to be heard by a judge, divorce by mutual consent is no longer possible. The divorce will then necessarily have to take place in court. The presence of a lawyer and a prosecutor is compulsory. The Attorney General must look after the interests of minors and therefore ensure that the divorce agreement protects them.

The conditions of divorce by mutual consent

For divorce by mutual consent to be possible, of course, both spouses must want to divorce and agree on the consequences of their separation, both for themselves and for their children. If this is not the case, the divorce is then said to be contentious and takes place in court before a judge.

In addition, as commented in the previous paragraph, if the couple’s minor children ask to be heard by a judge, a right they have, the divorce by mutual consent will necessarily continue in court. Finally, if one of the two members of the couple benefits from a protective regime, divorce by mutual consent is not possible either.

What documents do I need to present?

The couple must present a regulatory agreement. This agreement includes the pre-established agreements between the two parties on the following aspects :

• Child custody, communication regime with minor children, etc.
• Use and allocation of the family home
• Child support
• Possibly a compensatory pension
• Liquidation of assets if necessary

The presence of a lawyer is necessary. The latter looks after the interests of the couple and the minors. Once the agreement has been drafted and signed, this agreement must be filed with a notary.

The notary will examine the entire file to verify that it meets the conditions established by law. If so, he will approve the agreement of both parties.

Can a divorce agreement be rejected?

Even if the couple have come to an agreement, sometimes the judge rejects the agreement. This is the case when the agreement violates the law, harms the interests of minor children or even harms one of the members of the couple.

With regard to minor children, when they wish to be heard, the judge must ensure that the agreement looks after their interests. If he considers that this is not the case, he can therefore reject it.

In short …

As you will have understood, divorce by mutual consent corresponds to a pact between the two members of the couple. However, a simple agreement is not enough; the agreement must comply with the law and respect the interests of all parties involved, especially those of minor children.

This is why the presence of a lawyer to guide and advise both parties is required throughout the divorce process. Keep in mind that there are three big advantages to mutual consent divorce over contentious divorce: it’s faster (you can avoid the court), more economical, and, of course, less heartbreaking for everyone involved.