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New Law for Divorce

Posted by Punoo - Created: 16 years ago
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4 replies (Showing replies: 1 to 4)

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Posted by legend_in_my_lunchtime-182603 - 16 years ago

Yes - the mushroom's experience bears out what Seeker was saying - the procedure can go as fast as 3-4 months from first hearing if there are no complications and both parties agree on all terms.

There was a lot of discussion and consultation (more than normal) as this new projet de loi was being drafted by the legislators.

One of the simplifications which was vigorously discussed was that in so-called "amiable" cases (actually called "divorce par consentement mutuel"), that it should be possible for both parties to file their petition direct to the court without the need for lawyers.

Although this would not necessarily have made the procedure faster, it would have simplified it and certainly would have reduced the costs for both parties.  I haven't had time to read through all the latest text thoroughly but from a skim reading it seems that this suggestion has not been upheld (surprise surprise!) and that you will still need at least 1 lawyer even in perfectly simple cases.

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Posted by Ghene - 16 years ago

My divorce was filed on Oct 2000 and I was granted divorce on Feb 2001. Just 4 months. This is the "Divorce Amiable" Friendly.. both parties agree.You just need a lawyer..- The Sexy Little Mushroom -

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Posted by Seeker-184579 - 16 years ago

Actually, it doesn't necessarily take 1 year to get divorced if both parties agree.  First you need to find a lawyer who will draw up your 'ordonnance de première audition' - (s)he then obtains an initial hearing date from your local divorce court.  Depending on how long the queue is, this can typically take between 1 and 3 months.  At the first hearing, a second date is given of just 3 months later for the 2nd hearing.  If nothing has changed and both parties still agree, you will then be divorced on the date of the 2nd hearing - so, something between 4 and 6 months should do it. 

The ensuing paperwork (divorce certificate ['jugement de divorce'] and amended marriage certificate [if applicable], plus notification sent to the relevant authorities) might take another 3 months or so, but the fact is that you will still be officially divorced as at the date of the 2nd hearing.

As far as I can see, the new law simply suppresses the need for 2 hearings in such a case (of mutual consent). I'm guessing this means that one can save 3 months on the previous procedure.  (I very much doubt that the paperwork will get done any faster, however! :-)

One tip that might be worth bearing in mind: there is a divorce tax of 1% payable to the state after your divorce on the entire value of any split of proceeds.  If you have a fair amount of equity and can manage it, I would recommend that you sell up and split everything between you beforehand to avoid the vast majority of this tax.  The lawyer will still need to put something down on paper (e.g. a few items of furniture) but these can be of nominal value...

Personally, I found the whole procedure, even without the new law and with children involved, to be rather straightforward and painless.

Hope this helps.


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Posted by wendy-179831 - 16 years ago

Hi Poonam,
I haven't read the new bits of the law so I've no idea what it says, but you can see it here on the Senate's website. This page links to the documents and updates: http://www.senat.fr/dossierleg/pjl02-389.html#