Family and couples · Divorce · routes
Types of divorce in France: the four routes compared side by side
French law has four divorce routes (article 229 of the Civil Code): mutual consent without a judge, accepted divorce, divorce after a year apart and fault-based divorce. Mutual consent requires agreement on everything and is ruled out if a minor child asks to be heard or a spouse is under legal protection. The other three go before the family judge, with a lawyer for each spouse.
- Official texts cited
- Sources checked on
- Drafted with AI assistance, our method
General legal information with official references and dated checks. It is not personalised advice: for a decision that commits you, have your situation checked by a qualified professional.
Julie by AlphaDeep
Which divorce is fastest in practice?
The divorce without a judge is the only one with no hearing: 15 days to reflect, then, according to service-public, 7 days to send the signed agreement to the notary and 15 days for the filing. The others depend on the court’s calendar.
Read the referencesYou are weighing divorce routes in France: I can help you see which ones remain open in your situation.
3 free questions at signup. Avoid names and sensitive information.
How do the four French divorce routes differ?
The Civil Code provides four kinds of divorce. They differ in the agreement needed, the judge’s role, the time limits and the costs fixed by law.
| Route | Agreement needed | Judge | Statutory minimum delay | Fixed official costs |
|---|---|---|---|---|
| Mutual consent without a judge | On the principle and every consequence | No: lawyers’ agreement filed with a notary | 15 days to reflect before signing | 41.20 euros before VAT for the notary filing |
| Accepted divorce | On the principle only | Yes, settles disagreements | No minimum delay | 50 euro legal-aid contribution |
| Definitive breakdown of the marriage | None | Yes | 1 year apart | 50 euro legal-aid contribution |
| Fault | None | Yes | No minimum delay | 50 euro legal-aid contribution |
In every case, dividing property carries a 1.10% tax on the net assets divided, and each spouse pays their own lawyer. People on legal aid do not pay the 50 euro contribution.
Code civil, article 229Code civil, article 229-4Code de commerce, article A444-173-1Code général des impôts, article 1635 bis QCode civil, article 238
Which routes remain open in your situation?
Five questions about your situation: the tool shows the route that is open and what closes the others.
Fictional example · route available
Mutual-consent divorce without a judge: a lawyers’ agreement filed with a notary.
- Each spouse has their own lawyer, whatever the route
- Draft agreement sent by registered post, then 15 days to reflect before signing
- Filing with the notary: 41.20 euros before VAT, giving the agreement a certain date and enforceability
General guidance: your lawyer confirms the route once they have seen the whole file.
Amicable or contested divorce: what is the practical difference?
An amicable, mutual-consent divorce means the spouses agree on the divorce and on all its consequences: it is settled without a judge, through an agreement signed by the spouses and their lawyers and then filed with a notary.
The three other routes go before the family judge: accepted divorce, where agreement covers only the principle; definitive breakdown of the marriage after a year apart; and fault.
When is divorce without a judge ruled out?
The notary route is closed in two cases: when a minor child, told of the right to be heard, asks to be heard by the judge, and when a spouse is under guardianship or curatorship.
In the first case, mutual consent remains possible before the judge, who approves the agreement. In the second, no mutual-consent divorce can be requested at all.
Can you switch divorce route during the proceedings?
Yes, mostly in one direction. At any stage the spouses can switch to a mutual-consent divorce, or ask the judge to record their agreement on the principle for an accepted divorce.
The reverse is closed: accepting the principle of the breakdown cannot be withdrawn, even on appeal. A spouse claiming definitive breakdown can also rely on the other’s faults if the other files for fault.
Divorce or legal separation: what does the second change?
Legal separation is granted in the same cases as divorce, but it does not end the marriage: it ends the duty to live together. The duty of support remains, and maintenance can be set for the spouse in need.
After two years, either spouse can ask for it to be converted into a divorce, which is then automatic.
Code civil, article 299Code civil, article 303Code civil, article 306
What does article 229 of the Civil Code say?
Les époux peuvent consentir mutuellement à leur divorce par acte sous signature privée contresigné par avocats, déposé au rang des minutes d’un notaire. Le divorce peut être prononcé en cas : -soit de consentement mutuel, dans le cas prévu au 1° de l’article 229-2 ; -soit d’acceptation du principe de la rupture du mariage ; -soit d’altération définitive du lien conjugal ; -soit de faute.
In plain English: Spouses can agree to divorce by a private agreement countersigned by lawyers and filed with a notary. Otherwise divorce is granted by a judge for mutual consent (when a child asks to be heard), accepted breakdown, definitive breakdown or fault.
Which delays and costs does French law fix?
What else do couples ask?
Which divorce is fastest in practice?
The divorce without a judge is the only one with no hearing: 15 days to reflect, then, according to service-public, 7 days to send the signed agreement to the notary and 15 days for the filing. The others depend on the court’s calendar.
Code civil, article 229-4Service-public: mutual-consent divorce
Do we each need our own lawyer for an amicable divorce?
Yes. In a mutual-consent divorce without a judge, each spouse has their own lawyer, who countersigns the agreement.
Does an accepted divorce mean agreeing on money too?
No. The spouses only accept the principle of the breakdown. The judge grants the divorce and rules on the consequences they do not agree on.
Is a French notary-filed divorce recognised abroad?
Within the EU, an agreement registered by the notary is recognised without any special procedure. Outside the EU, recognition depends on each country’s law: check it before choosing this route if either of you has ties abroad.
Which texts is this comparison based on?
- Code civil, article 229Légifrance
- Code civil, article 229-1Légifrance
- Code civil, article 229-2Légifrance
- Code civil, article 229-4Légifrance
- Code civil, article 233Légifrance
- Code civil, article 234Légifrance
- Code civil, article 238Légifrance
- Code civil, article 242Légifrance
- Code civil, articles 247 et 247-1Légifrance
- Code civil, article 249-4Légifrance
- Code civil, article 299Légifrance
- Code civil, article 303Légifrance
- Code civil, article 306Légifrance
- Code de commerce, article A444-173-1Légifrance
- Code général des impôts, article 1635 bis QLégifrance
- Regulation (EU) 2019/1111, article 65EUR-Lex
- Service-public: mutual-consent divorceService-public.fr
Texts cited last checked: 17 October 2026