No!

Most of the proceedings for a mutual consent divorce can be digital such as: video chat with your family law lawyer, sending all the paperwork except birth & marriage certificates.

Despite most of the proceedings for a mutual consent divorce are digital, both spouses and their respective lawyers must physically meet to sign the divorce agreement.

No!

To get a divorce by mutual consent, each spouse must have their own lawyer.

This rule aims to protect the interests of the spouses.

It is not possible to escape it, even if the spouses agree to choose only one lawyer.

The lawyer will verify that the agreement protects not only the client’s assets, but also the best interests of any minor children.

No!

A mutual consent divorce agreement can not be signed immediately. The agreement must be served to spouses by each lawyer throughout a recorded letter or a digital form (AR24).

In France, it is not possible to sign a mutual consent divorce agreement immediately once the spouses agree on all the terms. There is a mandatory waiting period after the agreement is submitted to the court. This waiting period is typically a minimum of 15 days.

During this waiting period, either spouse has the opportunity to change their mind and withdraw their consent to the divorce. The waiting period is designed to ensure that both parties are absolutely certain about their decision to divorce and that they are not making impulsive choices.

After the waiting period has passed and both spouses maintain their consent, the court can issue the final divorce decree, officially dissolving the marriage. This waiting period is a legal requirement and is meant to protect the interests of both parties, especially when children are involved, by allowing for a period of reflection and potential reconciliation.

So, while the spouses may agree on all the terms of the divorce immediately, they still have to wait for the mandatory waiting period before the divorce is finalised.

Regarding the French law code article 229, both spouses, along with their respective attorneys, sign the divorce agreement. This means they consent to the terms outlined in the agreement.

The spouses and their respective lawyers must be present to sign the agreement.

Step n°1: The agreement is sent to a notarial office

Once the agreement has been signed off, the lawyer files it to a notarial office mentioned in the agreement.

Step n°2: the notary steps in

The notary’s main role is to ensure that Article 229-3 of the civil code is followed. Although the notary’s role may seem primarily formal, a circular from January 26, 2017, instructs notaries to alert lawyers when they come across clauses that are clearly illegal or violate public order.

The agreement must be filed among its ‘minutes’ within fifteen days.

Step n°3: Divorce notification

Once the divorce decree is finalised, it is necessary to notify various relevant entities and publish the divorce judgment, especially if there are real estate properties involved. This ensures that the change in marital status is recognised and recorded.

Yes !

It’s up to you if you want a lawyer or solicitor to get involved but it’s not compulsory. If you and your ex-to-be partner agreed on the terms and make arrangements for assets and children.

As a result of no-fault or uncontested divorced, the divorce process has become digital. You can make an online divorce application.

You can apply for a divorce online or by post.

Here’s a general outline of the online divorce process:

– Eligibility:

You can apply for a divorce online if you and your spouse agree on the divorce, and you’ve been married for more than a year.

You must have valid grounds for divorce, such as adultery, unreasonable behaviour, desertion, separation with consent, or separation without consent for at least two years.

– Get your paperwork ready:

 You need to have certain information and documents ready, including marriage certificate details, information about any children, and details of financial arrangements.

– Use the Online Service:

• Go to the official government website providing the online divorce service.
• Complete the online application, providing necessary details and information.
• Pay the relevant fee (£593).

– Receive Acknowledgment:

Once you’ve submitted your application, you’ll receive an acknowledgment and a case number.

– Apply for the Decree Nisi:

If your spouse agrees to the divorce, you can apply for a Decree Nisi. This is a legal document that says the court doesn’t see any reason why you can’t divorce.

– Apply for the Decree Absolute:

After six weeks and one day from the date of the Decree Nisi, you can apply for a Decree Absolute. This is the final legal document that ends your marriage.

– Receive the Decree Absolute:

Once the Decree Absolute is granted, your marriage is legally ended, and you will receive a document confirming this.

While divorcing through the online procedure or mutual consent divorce will legally end a marriage, there is no online procedure for drafting and filing orders confirming financial arrangements.

Getting a divorce without sorting out your financial matters and concerns can have reverse effects as well as international divorce, parental issues, business owners.

In such circumstances, we strongly recommend to benefit from personalised guidance.

No!

If you’re not at ease with everything digital, we strongly advise you to go through a traditional divorce process (uncontested or contested divorce through Court).

Internet can be very dangerous for users who have never dealt with a lawyer.

If you choose an online divorce, make sure it’s a competent lawyer.

Sometimes customers contact our firm after a bad experience with online divorce. You may end up paying a new layer when your initial goal was precisely to save money.