Getting Divorced in France 2026: Procedures, Costs and Timeline

Divorce in France: An Overview

Divorce in France is governed by Articles 229 to 309 of the Code civil, as reformed by the Loi n° 2016-1547 du 18 novembre 2016 (the J21 law) which introduced the possibility of divorce by mutual consent without a judge. For expats, understanding which type of divorce applies, the applicable jurisdiction, and the international implications is essential.

The Four Types of Divorce

French law recognises four distinct types of divorce, each with different procedures, costs, and timelines:

1. Divorce by Mutual Consent (Divorce par consentement mutuel)

Since 1 January 2017, couples who agree on all terms — division of assets, child custody, and financial arrangements — can divorce without appearing before a judge (Article 229-1 of the Code civil). The procedure involves:

• Each spouse must have their own lawyer (avocat)
• The lawyers draft a convention de divorce (divorce agreement)
• Each spouse has a 15-day reflection period after receiving the draft before signing
• The signed agreement is registered by a notaire within 7 days, giving it the force of a court judgment

Timeline: typically 1-3 months. Cost: EUR 1,500 to EUR 4,000 per spouse for lawyer fees, plus EUR 50.40 for notaire registration.

Exception: if a minor child requests to be heard by a judge (Article 229-2), this streamlined procedure cannot be used, and the case must go before the juge aux affaires familiales (family court judge).

2. Divorce by Acceptance (Divorce accepté)

Under Article 233 of the Code civil, both spouses agree that the marriage has irretrievably broken down but do not agree on all the consequences (e.g., property division or custody). The judge grants the divorce and decides the contested issues. Timeline: typically 6-12 months.

3. Divorce for Definitive Alteration of the Marital Bond (Divorce pour altération définitive du lien conjugal)

Under Article 238 of the Code civil, one spouse can request divorce after a minimum separation of 1 year. The other spouse does not need to consent. This is often used when one party refuses to divorce. The judge verifies the separation period and pronounces the divorce. Timeline: 12-24 months.

4. Fault-Based Divorce (Divorce pour faute)

Under Article 242 of the Code civil, one spouse alleges a serious or repeated violation of marital duties (e.g., adultery, domestic violence, abandonment). The petitioning spouse must prove the fault. If established, the divorce is granted with fault attributed, which can affect the financial settlement and spousal maintenance. This is the most adversarial and expensive option. Timeline: 1-3 years. Costs can exceed EUR 10,000 per spouse.

Financial Consequences

Pension Alimentaire (Child Support)

Under Article 371-2 of the Code civil, both parents must contribute to the maintenance and education of their children. The amount is set by the judge (or agreed upon by the parties) based on:

• The income of each parent
• The number of children
• The custody arrangement (résidence alternée or primary custody)
• The specific needs of the children

The Ministry of Justice publishes an indicative reference table (barème) to help estimate amounts, though judges retain discretion.

Prestation Compensatoire (Compensatory Allowance)

Under Articles 270 to 281 of the Code civil, a prestation compensatoire may be awarded to the spouse who suffers a significant drop in living standard due to the divorce. Unlike pension alimentaire, it is typically a lump-sum payment (capital), although periodic payments can be ordered in exceptional cases. The court considers:

• Duration of the marriage
• Age and health of each spouse
• Professional qualifications and career sacrifices
• Assets and income of each spouse
• Pension rights

International Aspects for Expats

For international couples in France, several additional questions arise:

• Jurisdiction: Under the EU Brussels IIa Regulation (Regulation 2019/1111), French courts have jurisdiction if both spouses are habitually resident in France, or if the petitioner has resided in France for at least 12 months (or 6 months if a French national).
• Applicable law: Under the Rome III Regulation (Regulation 1259/2010), spouses can choose the law applicable to their divorce. Absent a choice, it is the law of the state of their common habitual residence.
• Recognition: A French divorce judgment is recognised throughout the EU without any special procedure (under Brussels IIa). Outside the EU, recognition depends on bilateral treaties or local laws.

Division of Assets (Liquidation du régime matrimonial)

How assets are divided depends on the matrimonial regime:

• Communauté réduite aux acquêts (community of acquisitions — the default regime under Article 1400 of the Code civil): assets acquired during the marriage are split 50/50; pre-marriage assets remain individual property
• Séparation de biens (separation of property): each spouse keeps what they own; shared assets are divided according to contribution
• Communauté universelle (universal community): all assets are shared 50/50, including those acquired before marriage

The liquidation is carried out by a notaire if real estate is involved. This process can add several months and significant notaire fees.

How DroitAI Can Help

DroitAI can help you understand which type of divorce applies to your situation, estimate pension alimentaire using our calculator, determine which court has jurisdiction for international cases, and prepare for the procedure. Describe your family situation and our AI assistant will guide you through the relevant provisions of the Code civil.