Pratice area

There are two categories of divorce under French law:

• Divorce by mutual consent: The spouses and their lawyers negotiate a divorce agreement providing, in particular, for the spouses’ residence, use of the spouses’ names, any compensatory allowance or payment, the children’s residence while they are minors, any financial contributions for the children even if they are adults, the choice of taxation or deduction from support payments by the debtor, healthcare costs, and division of the spouses’ assets. The notary then archives the agreement in their records. Where the spouses’ assets include real estate, the notary must record the division in an “instrument dividing the estate” (acte liquidatif), which the spouses’ lawyers must review and which must be appended to the divorce agreement. This type of divorce is not always recognised abroad, so it is sometimes better to obtain a divorce decree from a court so it will be enforceable and so there is no difficulty having it recorded on civil status documents issued in a country other than France. In cases where such problems might arise, it seems appropriate to have the issues the spouses agree on approved by a court. Bornhauser has acquired a particularly high level of expertise in this area. 
• Divorce without mutual consent. The procedure for this type of divorce has been amended since 1 January 2021. These divorces are pronounced by a court in three cases: divorce for fault, divorce by acceptance in principle (where the spouses agree on the principle of divorce but not on its consequences), and when the spouses have been separated for at least a year.

Proceedings are initiated by filing a suit for divorce with the court of the place where the family live. The applicant spouse sets out his or her wishes concerning residence, name, the contribution to be paid to the other spouse, the residence of minor children and their financial support, and the division of assets. The other spouse replies, setting out his or her requests. There may be no hearing. The judge resolves any disputes and sets out the points on which the spouses agree, if any. At that point the spouses may ask for an instrument dividing the assets from a notary, who may be appointed by the judge or chosen by the parties. If the situation so requires, the family court may be petitioned for a hearing on any interim measures that may be needed until the divorce is pronounced. There may also be two sets of proceedings. The first concerns the divorce to determine the residences of the spouses and children, the contributions to be paid for the children and the amount of any compensatory allowance or payment. The second concerns the liquidation of the spouses' matrimonial property and the consequent division of their assets. The division of the spouses’ assets and the issue of the compensatory allowance or payment are then dealt with separately one after the other unless, when the proceedings started, the parties set out their points of agreement along with the disagreements they are asking the court to resolve.

Bornhauser has specific expertise in the liquidation of matrimonial property, both at the negotiating stage and in the case of post-divorce liquidation and partition arrangements. We advise on and assess compensatory allowances or payments, applying the different methods of calculation developed by the experts, and may also take steps to have such compensation reviewed.

We also assist, represent and advise parents in the event of a dispute.