Divorce by mutual consent: procedure, cost and time frame
Divorce by mutual consent settles everything without a judge, through an agreement that two lawyers countersign and a notary files. The steps, the 15-day reflection period, the real cost in 2026 and when a judge comes back in.
Since 2017, most French couples divorce without ever attending a hearing. The procedure moves quickly, but it commits you definitively on the division of assets and the children's living arrangements. A lawyer reviews your situation in 20 minutes on Avocat20min.fr.
Divorce by mutual consent: the principle
Article 229-1 of the Civil Code has set the rule since 1 January 2017. Spouses who agree on the separation and on all its consequences draw up an agreement, countersigned by their lawyers, then filed with a notary.
No judge takes part. The notary does not review the substance of the agreement either: they check its form and the compulsory statements. That filing gives the agreement a certain date and enforceable status.
Two conditions allow no exception:
- The agreement covers everything, namely the separation, where the children live, maintenance, any compensatory allowance and the division of assets.
- Each spouse has their own lawyer. A shared lawyer would make the agreement void.
The steps, in order
| Stage | Who acts | Time |
|---|---|---|
| First meetings and negotiation | Each spouse and their lawyer | Variable |
| Notarial statement of assets, where a couple owns property | The notary | 2 to 6 weeks |
| Sending of the draft agreement | Each lawyer, by registered post | Day one |
| Compulsory reflection period | The spouses | 15 days minimum |
| Signing of the agreement | Spouses and lawyers, together | One meeting |
| Filing with the notary | The lawyers | Within 7 days |
Nothing shortens the fifteen-day reflection period. Signing before it ends makes the agreement void, and nobody can waive that protection.
The real cost in 2026
Fees remain unregulated, but most firms negotiate a fixed price. On average, count:
| Item | Usual amount |
|---|---|
| Fees, per lawyer | €1,200 to €2,800 including VAT |
| Filing of the agreement with the notary | About €50 including VAT |
| Notarial statement of assets, where a couple owns property | From €400 |
| Division duty on assets shared | 1.1 % of net assets |
The division duty often comes as a surprise. It applies only where the spouses formally divide jointly owned assets, and not where they have already settled everything between themselves.
Legal aid also remains available, subject to means. It then covers all or part of your lawyer's fees.
When a divorce by mutual consent goes back to court
Only one situation forces a return to the courts. If a minor child capable of forming a view asks to be heard by the judge, the judge-free route closes, under article 229-2 of the Civil Code.
Parents must inform each child of that right, through a form annexed to the agreement. The case then moves to a judicial divorce by mutual consent: the spouses keep their agreement, but the family court judge approves it after a hearing.
Two other situations rule the procedure out: a spouse placed under guardianship or curatorship, and cross-border elements that make recognition abroad uncertain.
What the agreement must contain
The compulsory content appears in article 229-3 of the Civil Code. The agreement sets out in particular:
- Full civil status of the spouses and the children, and the names of the lawyers.
- Arrangements for the children: residence, contact rights and child maintenance.
- Any compensatory allowance, its amount and how it is paid.
- The liquidation of the matrimonial regime, or a statement that there is nothing to divide.
- Confirmation of the reflection period actually observed.
Read every line before signing. Once filed, an agreement can only be revised on maintenance and the children's arrangements, never on the division of assets.
Amicable or contested divorce?
Where agreement is missing, court proceedings take over. Since 1 January 2021, a single application opens the case, followed by a hearing on orientation and interim measures.
| Criterion | Mutual consent | Judicial divorce |
|---|---|---|
| Average length | 2 to 6 months | 18 to 30 months |
| Cost per spouse | €1,200 to €2,800 | €3,000 to €8,000 |
| Judge | None | Family court judge |
| Prior agreement | Complete | Partial or absent |
Accepting the principle of the breakdown, permanent alteration of the marital bond after one year of separation, and fault remain the three other possible grounds. Family mediation also helps parties return to an agreement during proceedings.
When to consult a lawyer
A lawyer checks that the agreement is balanced, values any compensatory allowance and anticipates the tax on the division. Above all, they prevent irreversible waivers signed in a hurry. A family lawyer answers within 20 minutes. Where the children live deserves separate thought. The formalities are set out on service-public.gouv.fr.
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