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Divorce by mutual agreement

How does divorce by mutual consent work?

What the law says

  • The spouses ask for it together when they agree on the separation and its consequences (Art. 230).
  • They submit an agreement to the court that settles where each lives during the procedure, the care of minor children, each parent’s contribution to their upkeep and any maintenance payment (Art. 230).
  • The agreement is drafted by a lawyer (avocat à la Cour) or a notary (Art. 230).
  • A notary first lists and values all property, unless there is nothing to share (Art. 230).

Watch out for

  • Maintenance paid as a lump sum can no longer be changed or cancelled (Art. 230).

Who can help

Official source : Code civil (version du 26.12.2025) · Checked on 21.10.2026