When both spouses agree to separate and on all the consequences of their divorce, divorce by mutual consent (divorce par consentement mutuel) is the fastest and most peaceful route. Since 2017, it can even be settled without appearing before a judge, through a deed signed between lawyers. As a lawyer at the Mulhouse Bar, I assist you so that this process is both simple and balanced.
What is divorce by mutual consent?
It is amicable divorce: the spouses do not have to justify the reasons for their separation, nor to blame one another. They record their agreement and settle its effects in a written agreement. Since 1 January 2017, this divorce is in principle out of court: it is concluded by a lawyers' deed (acte d'avocats) filed with a notary (civil-law notary), without a hearing or a judgment (articles 229-1 et seq. of the Civil Code).
The essential condition: agreeing on EVERYTHING
Mutual consent presupposes a complete agreement — not only on the principle of the break-up, but on all of its consequences. The agreement must settle everything:
The agreement notably sets out:
- parental authority (autorité parentale), the children's residence and visiting rights;
- child maintenance (the contribution to the children's upkeep and education);
- any compensatory allowance (prestation compensatoire) between spouses;
- the division of assets (settlement of the matrimonial property regime — état liquidatif du régime matrimonial) or a statement that there is nothing to divide;
- what happens to the home and to the use of the married name.
If disagreement remains on even one of these points, the divorce cannot be amicable: it becomes contentious, before the judge.
Two lawyers, one for each spouse
This is a requirement: each spouse must have their own lawyer. A single lawyer for both is not allowed. This rule protects you: it ensures that your interests are defended and that your consent is free and informed. My role is to make sure the agreement is genuinely balanced and not unfavourable to you.
The steps and the deadline to know
The procedure follows precise steps:
- the lawyers draft the agreement together with the spouses;
- each lawyer sends the draft to their client by registered letter;
- a cooling-off period of 15 days applies: the agreement cannot be signed before this period has expired, counted from receipt of the draft;
- both spouses and both lawyers sign it together;
- within 7 days, it is filed with a notary.
This 15-day cooling-off period is mandatory: it protects you from a rushed decision.
The notary's role
The notary does not rule on your divorce and does not review the substance of your agreement. They check the form: the presence of the mandatory particulars and compliance with the cooling-off period. The notary then files the agreement with their records (au rang des minutes — filed with the notary's records). This filing gives it a certain date and enforceable status: it is what makes your divorce final and binding on third parties.
How much does it cost?
Two main items:
- the notary's fee for the filing is fixed and regulated: 49.44 € including tax (41.20 € excluding tax);
- lawyers' fees are freely set, agreed from the outset in a written fee agreement.
Where applicable, costs relating to the division of real property and the division duty are added. Absent an agreed apportionment, the costs are shared equally. Legal aid (aide juridictionnelle) is available depending on your means.
Situations where amicable divorce is not possible
Divorce by mutual consent by a lawyers' deed is ruled out in two situations:
- if a minor child, informed of this right, asks to be heard by the judge: the divorce then takes place before the family court judge (juge aux affaires familiales);
- if one of the spouses is subject to a protective measure (guardianship, curatorship, judicial protection — tutelle, curatelle, sauvegarde de justice, etc.): the judicial route is mandatory.
How I assist you
I assist you from the first discussion through to the filing of the agreement: drafting, checking that the agreement protects your interests and those of your children, and coordination with your spouse's lawyer and the notary. If a disagreement arises, I defend you in the context of a contentious divorce. You are advised at every stage, in compliance with professional secrecy. The fee arrangements are set out clearly from the outset, in a written agreement.
Planning an amicable divorce in Mulhouse or the Haut-Rhin?
Frequently asked questions
Do you have to appear before a judge for a divorce by mutual consent?
In principle, no. Since 2017 it is settled by a lawyers' deed filed with a notary, without a judge or a hearing. Exception: if a minor child asks to be heard, or if one spouse is under a protective measure (guardianship, curatorship, etc.), the divorce becomes judicial again.
Can both spouses use a single lawyer?
No. Each spouse must have their own lawyer. A single lawyer for both is not allowed: this guarantees balance and proper advice for each of them.
How long does it take?
There is no fixed duration, but a mandatory cooling-off period of 15 days between receipt of the draft agreement and its signing. Once signed, the agreement is filed with the notary within 7 days.
How much does a divorce by mutual consent cost?
The notary's fee for filing is fixed: 49.44 euros including tax. Lawyers' fees are freely set and agreed in a written fee agreement. Where applicable, costs relating to the division of real property are added.
What does the divorce agreement settle?
Everything: parental authority and the children's residence, child maintenance, any compensatory allowance, the division of assets and what happens to the home, as well as the use of the married name.
This article provides general information on the state of the law and does not constitute legal advice. Every situation is unique: to have yours examined, contact the firm.