In France, family courts grant over 100,000 divorces annually. While each couple's reasons differ, French law recognizes distinct types of divorce, each with specific procedures and implications governed by the Civil Code.
This divorce arises when both spouses agree on ending the marriage and its consequences. They negotiate asset division, spousal maintenance, child support, and children's living arrangements. Consensus drives the process, often with both parties sharing one lawyer. Articles 230 and 232 of the Civil Code regulate it. Unlike others, this is non-contentious.
Under Article 242 of the Civil Code, one spouse requests this when the other breaches marital duties. Common faults include abandonment, infidelity, addiction, violence, neglect of aid or rescue obligations, transsexualism, harm to children or in-laws, or sect involvement. Judges evaluate each case's severity; faults may apply to one or both parties.
Covered by Articles 233 and 234, this allows either or both spouses to accept the marriage's end, though they may disagree on financial and personal outcomes. No breakdown cause is examined. Family judges verify consent, decide consequences, then pronounce divorce. Once acceptance minutes are signed, withdrawal is impossible.
Articles 237 and 238 address this when spouses have lived apart for at least two years, or if a fault claim counters with this ground. The plaintiff proves separation by any means, dated from summons issuance. Judges assess admissibility and rule objectively on community life cessation. They also determine maintenance, alimony, and related matters.
