Divorce in France

This service is for English-speaking individuals — expats, international couples, or French residents — who are considering or undergoing a divorce in France. Whether your situation is amicable or contested, simple or complex, we provide expert legal guidance tailored to your personal and financial circumstances.

You may need this service if:

• You are married to a French national or living in France as a couple

• You and your spouse are separating and need to divide assets or agree on child custody

• You are part of a binational marriage and face cross-border legal considerations

• You seek clarity on how to divorce in France under the applicable matrimonial regime

• You wish to divorce with or without going to court

Whether your divorce is straightforward or includes sensitive matters such as parental rights, real estate, or business interests, our English-speaking French lawyers ensure that your rights and responsibilities are clearly explained — and fully protected.

Divorce in France is governed by both the French Civil Code and the Code of Civil Procedure, and was significantly reformed by Law No. 2019-222 of 23 March 2019, which came into effect in January 2021. These updates aimed to simplify procedures and reduce the time required to obtain a divorce.

• Types of Divorce (Articles 229–233, Code civil):
  There are four main legal grounds:

  1. Mutual Consent (Art. 229-1) – the fastest option, completed before a notaire if both parties agree on all terms.

  2. Accepted Divorce (Art. 233) – where both agree to divorce but not on specific outcomes.

  3. Fault-Based Divorce (Art. 242) – based on serious misconduct (e.g. violence or infidelity).

  4. Irretrievable Breakdown (Art. 237) – available after two years of living separately.

• Updated Procedure (Law No. 2019-222 and Decree No. 2019-1380):
  Since January 1, 2021, divorce proceedings are streamlined:

  • A single hearing before the Family Judge (Juge aux Affaires Familiales) replaces the former two-phase process.

  • Provisional measures (e.g. on children or housing) can now be decided earlier in the process when needed.

• Independent Legal Representation (Art. 1145, Code de procédure civile):
  Even in amicable divorces, each spouse must have a separate lawyer, ensuring fairness and legal validity.

• Jurisdiction (EU Regulation No. 2201/2003, Art. 3 & Code civil Art. 1070):
  French courts may hear your case if either spouse resides in France, or if France was your last joint residence.

• Property Regimes (Articles 1387–1581, Code civil):
  Division of assets depends on your matrimonial regime. Shared assets (in communauté) are split; individual property (under séparation de biens) remains separate.

• Children and Parenting Responsibilities (Code civil, Art. 373-2 and following):
  Custody, visitation, and child maintenance must be defined in all divorce agreements or court rulings. The child’s best interests are always the priority.

• International Considerations:
  French courts apply international conventions (e.g. Brussels II bis, Hague Convention) in cross-border cases. Recognition of foreign divorces and coordination of parental rights abroad may require additional steps.

1. Initial Consultation: We assess your situation, explain your options under French law, and determine whether your divorce is amicable or contested.

2. Strategy and Agreement Drafting: We prepare the required legal documents, including the divorce agreement for mutual consent or court filings for contentious cases.

3. Filing with Notaire or Court: For amicable divorces, we file with a notaire. For contested matters, we initiate proceedings with the Family Court.

4. Representation and Hearings: We represent you throughout the process, including court hearings if required, and negotiate on your behalf regarding children, property, and support.

5. Finalisation: Once approved by the notaire or judge, we ensure your divorce is properly registered and enforceable.

6. Post-Divorce Support: We assist with asset transfers, residency updates, and modifications if your circumstances change after divorce.

• Clear Legal Guidance: Understand your rights and obligations under French divorce law, explained in plain English.

• Efficient Case Handling: Avoid unnecessary delays or procedural errors with expert legal oversight at every step.

• Full Protection of Your Interests: Whether it’s about property, finances, or parental rights, we ensure your position is fairly represented.

• Amicable or Contested Divorce Support: Whether you agree on terms or not, we handle both notarial and court-based divorces effectively.

• Specialist Advice for Expats: Benefit from bilingual support and international expertise, especially in cross-border divorces.

• Legal advice from experienced English-speaking French family lawyers

• Help selecting the appropriate type of divorce under French law

• Drafting of divorce agreement and related legal documents

• Legal representation in front of the Family Court (JAF) if required

• Coordination with French notaire for amicable divorces

• Property regime review and asset division advice

• Child custody, visitation, and support planning

• Spousal support (pension alimentaire) assessment and negotiation

• Assistance with enforcement of divorce terms

• Post-divorce legal support for modifications or appeals