Divorce by Mutual Consent in France: The No-Judge Route and the Judicial Alternative

France's divorce par consentement mutuel, mutual consent divorce, lets a couple who agree on ending their marriage and its consequences finalize it without a courtroom hearing in most cases. One path runs through two lawyers and a notaire. The other still requires a family court judge, and which path applies depends on specific circumstances.

Information last verified on 19 July 2026. This article presents general legal information, not legal advice.

Jurisdiction scope: This article describes French national law only, as it applies in mainland France. It does not cover the law of any other country.

Two Paths to Mutual Consent Divorce

French law offers two routes to a divorce par consentement mutuel, a divorce by mutual consent. The first, created by a 2016 reform and in force since 1 January 2017, is often called divorce sans juge, divorce without a judge: spouses and their lawyers finalize the divorce through a private agreement filed with a notaire, without ever appearing in court. The second is the older judicial mutual consent divorce, in which a family court judge, the juge aux affaires familiales, still reviews and approves the spouses' agreement.

Both routes require the spouses to agree not just that they want to divorce, but on every consequence of that divorce: how property will be divided, whether one spouse will pay the other a compensatory payment, and, where the couple has children, arrangements for child support and parental authority. The no-judge route is available whenever the legal conditions described below are met. It becomes unavailable, and the case shifts to the judicial route, only in specific circumstances.

The Divorce Without a Judge: Agreement, Lawyers, and Notaire

Under Code civil Article 229-1, when spouses agree on ending their marriage and its effects, they record that agreement, each assisted by their own lawyer, in a convention that takes the form of a private deed countersigned by both lawyers. This agreement covers the divorce itself and its full set of consequences, drafted as a private deed under the conditions the Code civil sets out for that document type.

Once both spouses and both lawyers have signed, the agreement still has to clear one more formal step before it takes legal effect: filing with a notaire, described below. Nothing about this process happens instantly. A mandatory reflection period must run before signature, and the notaire's review comes after.

Each Spouse Must Have Their Own Lawyer

Article 229-1 requires that spouses be, in its own wording, assisted each by a lawyer. That phrasing is not a stylistic choice. It structurally requires two separate lawyers, one per spouse, each independently advising and representing their own client. A single lawyer representing both spouses at once is not permitted in the no-judge procedure.

This rule exists because the no-judge divorce removes the judge who would otherwise check that each spouse understood and freely accepted the agreement's terms. In that route, each spouse's own lawyer is the safeguard, confirming their client's consent and countersigning the deed. A convention signed with only one lawyer representing both spouses does not meet Article 229-1's requirements.

Filing the Agreement with a Notaire: Timing and Cost

A signed convention is not final on its own. Under Article 229-1, it must be deposited with a notaire, who files it into the notaire's official records, known as depot au rang des minutes. The notaire checks that the formal requirements listed in Article 229-3 were met, and confirms the agreement was not signed before the mandatory reflection period under Article 229-4 had expired. Filing is what gives the agreement date-certain status and enforceable force, comparable in practical effect to a court judgment.

In practice, the more diligent of the two lawyers transmits the signed convention to the notaire within 7 days of signature. The notaire then has 15 days from receiving it to complete the filing. Until filing happens, the divorce is not final.

The notaire also charges a fee for this filing step. That fee is set by a nationally regulated tariff rather than negotiated case by case, so it should be broadly consistent regardless of which notaire handles the filing. Independent sources most often cite a figure near 41.20 EUR before tax, 49.44 EUR including tax, but the regulated tariff is periodically revised, and some more recent sources report a somewhat higher figure. Rather than treat any single number as settled fact, readers should expect a modest, fixed, nationally uniform fee and confirm the exact current amount with their own notaire or via service-public.fr.

When a Minor Child Asks to Be Heard

Article 229-2 sets out the situations where the no-judge route is unavailable. The first is when a minor child, informed by their parents of their right to be heard by a judge, asks for that hearing. If the child makes that request, the private-deed procedure cannot go forward. The case moves instead to the judicial mutual consent divorce, where the judge can hear the child directly as part of reviewing the parents' agreement.

Article 229-2 also excludes the no-judge route when either spouse is placed under a legal protection regime, such as curatelle or tutelle, established under the Code civil's provisions on protecting adults. In that situation too, the divorce must proceed through the family court rather than the private-deed process.

The Judicial Mutual Consent Divorce

When either Article 229-2 exclusion applies, or when spouses simply prefer it, the mutual consent divorce still runs through a family court judge. The spouses present their agreement covering the divorce and its consequences, including any shared custody arrangement for their children, and the judge reviews it before granting the divorce. This route takes longer than the no-judge process and involves a court filing, but it remains a mutual consent divorce in substance: both spouses agree on the divorce and its terms, and the judge's role is to confirm the agreement is balanced and protects each spouse's and each child's interests, rather than to arbitrate a dispute between them.

What a Mutual Consent Divorce Costs: The Droit de Partage

Beyond legal fees and the notaire's filing fee, dividing marital property after a mutual consent divorce can trigger the droit de partage, a registration tax governed by Article 746 of the Code general des impots. Its standard rate is 2.50 percent. For a partage, a division of jointly owned property, that follows a legal separation, a divorce, or the end of a PACS, the rate was reduced to 1.80 percent starting 1 January 2021, and again to 1.10 percent starting 1 January 2022.

That reduced rate has a specific limit. It applies only to a genuine partage, an actual division of jointly held property between the former spouses. It does not extend to a licitation, a forced or judicial sale of jointly owned property, for example when one former spouse buys out the other's share through an auction-style deed. A licitation following a divorce stays taxed at the standard 2.50 percent rate, even though it arises from the same separation.

Other Grounds for Divorce, Briefly

Mutual consent is not the only path to divorce in France. Spouses can also divorce by mutual acceptance of the principle of the marriage's breakdown, without agreeing on every consequence in advance; for fault, where one spouse's conduct is found to justify the divorce; or for alteration definitive du lien conjugal, the definitive breakdown of the marital relationship, a no-fault ground available even without the other spouse's agreement.

That last ground requires the spouses to have lived separately for a set period before filing. Since a reform that took effect 1 January 2021, that period is 1 year, down from the 2 years it required before the reform. Each of these alternative grounds involves a family court judge and a different procedure from the mutual consent routes described above.

For a broader look at how divorce fits alongside other France family law topics, see the France hub.

Disclaimer

This article provides general information about French divorce law for educational purposes. It is not legal advice and does not create an attorney-client relationship. Divorce procedures, tax treatment, and regulated fees can change, and individual circumstances vary widely. Consult a French avocat or notaire, or the official service-public.fr and legifrance.gouv.fr resources, for guidance specific to your situation.

Frequently Asked Questions

Can both spouses use the same lawyer in a no-judge divorce?

No. Code civil Article 229-1 requires each spouse to be assisted by their own lawyer. A single shared lawyer is not permitted in the no-judge procedure and would put the agreement's validity at risk.

What happens if a minor child asks to be heard by a judge?

The no-judge divorce becomes unavailable under Article 229-2. The case moves to the judicial mutual consent divorce, where a family court judge reviews the agreement and can hear the child directly.

How long must spouses live apart to divorce for definitive breakdown of the marital relationship?

One year of separation at the time of filing, since a reform that took effect 1 January 2021. Before that date, the required period was 2 years.

Does the reduced droit de partage rate apply to a licitation?

No. The reduced rate of 1.10 percent applies only to a genuine division, or partage, of jointly owned property. A licitation, a forced or judicial sale to a co-owner, stays taxed at the standard 2.50 percent rate.

How much does the notaire charge to file the divorce agreement?

The fee follows a nationally regulated tariff rather than negotiation, and is modest and fixed. Because the tariff is periodically revised, confirm the current amount directly with a notaire or via service-public.fr rather than relying on a single figure found online.

Is every mutual consent divorce a no-judge divorce?

No. It is a no-judge divorce only when the Article 229-2 conditions are met. If a minor child requests a hearing, or a spouse is under a legal protection regime, the mutual consent divorce proceeds through the family court instead.

How quickly must the signed agreement reach the notaire?

Under the timeline built from Articles 229-1, 229-3, and 229-4, the more diligent lawyer typically transmits the signed convention to the notaire within 7 days of signature, and the notaire then has 15 days to complete the filing.

What does filing with the notaire actually accomplish?

It gives the agreement date-certain and enforceable status once the notaire confirms the formal requirements were met and that the mandatory reflection period passed before signature.