You have decided to get a divorce in France, and you are wondering how long the process will take in case you agree with your spouse on all issues? What is the quick way of getting divorce in France ?
Of course, the length of the procedure will depend on your situation, but the good news is that you can speed up the process:
- Both spouses agree on everything
Of course, to get a quick, amicable divorce, you need to agree on every aspect of your separation, including the consequences for the children (custody, child support, etc.).
- Choice of lawyer in France
While it’s important to choose a lawyer who regularly handles divorce cases, this is not the only matter to consider. The length of the proceedings will also depend on the lawyer’s availability and the organization of the office in handling your case.
- Gathering all documents
This step can have a major impact on the duration of your divorce procedure, especially because the list of documents to be provided may vary according to your situation. If you wish to get divorced quicly, you need to provide your lawyer with all requested documents.
Our law firm will provide you with a list of documents tailored to your situation and the situation of your family.
- Choice of divorce procedure
Depending on your situation, your lawyer will advise you on the most suitable procedure. If you agree with your spouse on all aspects, there are two options open to you:
- Divorce by mutual consent (out-of-court procedure)
This out-of-court divorce procedure usually allows you to be divorced within a short period of time, which may be 1 to 2 months, depending on the diligence and cooperation of all parties.
First of all, the spouses provide their respective lawyers with the information and documents they need to draft a divorce agreement.
Once the draft has been validated by both spouses, each lawyer sends it to his or her client by registered letter with acknowledgement of receipt (may be by electronic registered mail to speed up the procedure) in order for the 15-day reflection period to begin.
After this incompressible period, a meeting for signing the agreement is organized in the presence of both spouses and their lawyers.
The signed agreement is then forwarded, within a maximum of 7 days, to the notary public who will register the agreement within a maximum of 15 days.
- Divorce by joint petition
There are cases where the divorce by mutual consent is not possible or suitable (for ex. if the country of one of the spouses doesn’t recognize an out-of-court divorce).
In such situation, it is necessary to proceed with a judicial divorce by « joint petition ».
However, just because a judge’s intervention is required does not necessarily mean that the divorce procedure will be long and time-consuming.
In fact, as well as for the divorce by mutual consent, the spouses together with their respective lawyers sign an agreement about the divorce and its consequences. Such agreement is submitted to the court by a « joint petition » in order to be approved.
Until recently, the length of this procedure depended on court deadlines, and it was usually necessary to wait several months, sometimes a year, for the court hearing.
Fortunately, today, many courts offer specific hearings for this type of procedure, with a very short timeframe. This is the case for the courts in Marseille and Aix-en-Provence.
If you’re looking for a quick divorce in France, don’t hesitate to contact our office in order to determine the most suitable procedure and obtain your divorce as quickly as possible de Maître Honzikova afin de déterminer la procédure la plus adaptée et obtenir votre divorce dans les meilleurs délais.