Divorce by mutual consent - Agreement deposited with a notary

The lawyer is obligatory to divorce by mutual consent.

Every husband duty choose your lawyer.

You must sign a fee agreement with your lawyer to to fix his fees.

If you don't have enough resources, you can legal aid to cover all or part of these costs.

You don't have to explain the reasons for the divorce.

Your lawyers will write the draft convention for you divorce.

In particular, the agreement shall include the following information:

• Loss or retention of spouse's name
• Conditions exercise of parental authority
• Mention that the minor was informed by his parents of his right to be heard by the judge
• Payment or non-payment of compensatory benefit
• Liquidation statement of the matrimonial property regime

Each lawyer shall send the draft agreement by registered letter with acknowledgement of receipt to the spouse whom he or she is assisting.

You have a cooling-off period of 15 days.

You have to wait until the end of this period to sign the convention.

The Convention is signed by the spouses and their lawyers in 3 copies.

Each spouse shall keep an original of the agreement together with its supporting documents. On the 3rd^e original is for the notary.

In the 7 days who follow the signature, one of the lawyers must send the 3^e copy of the agreement to a notary.

The notary checks the presence of the mandatory indications in the agreement and whether the reflection period of 15 days has been respected.

The notary classifies the agreement to preserve it and avoid its loss or destruction. It is said that it places the convention among the minutes.

This formality of filing is done without an appointment with the notary.

The deposit of the agreement with the notary allows the agreement to be given certain date and enforceability, i.e. the Convention is now applicable.

The mention of divorce in the margins of each spouse's marriage certificate and birth certificate shall be obligatory.

This notice is used to require third parties to comply with your divorce agreement. It is said to make divorce “enforceable” against third parties.

Normally, your lawyer should take steps to update your marital status.

If your lawyer doesn't do that, you need to update your marital status. The request to update is to be sent to the town hall of the place of marriage and must be accompanied by a certificate of deposit issued by the notary.

If the marriage certificate has been issued abroad, the request to update the civil status must be sent to the Central Civil Status Service (Scec).

The City Council or the Scec shall forward the information to the birth authorities of the spouses so that they too can update the birth certificates.

The cost of divorce varies with lawyers' fees, goods to be shared, notary's fee and procedure.

Each spouse must pay his or her lawyer and his or her fees are set freely with him or her.

A spouse with insufficient resources to initiate divorce proceedings may apply legal aid. If you receive full legal aid, you don't have to pay anything.

The divorce agreement lays down the apportionment of the costs of divorce between the spouses. The agreement may not charge the party receiving legal aid more than half of the costs of the divorce. If the agreement is not clear, the costs of divorce are shared by half.

The deposit at the notary of the agreement amounts to €41.20 excl. tax (€49.44 TTC).

Notary fees may be added if the agreement includes a statement of settlement relating to immovable property or an allocation of immovable property under a compensatory benefit.