FRANCE Law and Practice Contributed by: Elodie Mulon, Emmanuelle Bonboire-Barthélémy and Louise Astruc Baciotti, Chauveau Mulon & Associés
by the judge or if one spouse is under a protec - tive regime (Article 229-2 of the Civil Code). The draft divorce agreement, along with all its annexes, must be notified to the parties at least 15 days before the convention signing date to allow for reflection. On the signing day, parties and their respective lawyers must be present, and remote signing is not allowed. Upon registration by the notary, compliance with all formalities is verified by the notary, including ensuring that the children have been informed of their right to be heard and the 15-day reflection period has been observed. The divorce between the parties and third parties takes effect in prin - ciple from the date of registration by the notary (Article 229-1 of the Civil Code). Judicial divorce Spouses can jointly or unilaterally seize the fam - ily court judge for divorce, with no minimum mar - riage duration required. However, if one spouse seeks divorce for altération définitive du lien con - jugal , a one-year separation period is necessary, assessed at the time of divorce pronouncement (Article 1107 of the Code of Civil Procedure). Joint application In the case of a joint application, spouses sub - mit a joint petition to the court, expressing their agreement on divorce and its consequences, seeking approval from the judge. This allows spouses, particularly in an international context, to obtain a divorce judgment even if they agree on all aspects. In a joint application, the family court clerk sends the parties a summons to an orientation and pro - visional measures hearing where the parties and their lawyers can express their agreement.
Unilateral application For a unilateral application, one spouse initi - ates the process through a divorce summons sent to the clerk, outlining provisional measures during the divorce procedure and the divorce pronouncement consequences. The summons must include, on penalty of nullity, the date, time and location of the orientation and provisional measures hearing. This date must be requested from the clerk before serving the summons to the defendant. The petitioner must serve the divorce summons to the opposing party through a bailiff. To validly file the case, the petitioner must provide evi - dence of this service at least 15 days before the orientation and provisional measures hearing. The divorce process unfolds in two stages. • The provisional measures hearing: The opposing party will respond in writing to the requests for provisional measures. The petitioner may then submit a reply. After this hearing, the judge issues an order on provi - sional measures, organising family arrange - ments until the divorce pronouncement. The judge also sets the date for the petitioner to conclude on the divorce’s merits, initiating the discovery period during which parties exchange evidence and arguments. At the end of this period, the judge schedules the pleading hearing. • The merits hearing: The parties will exchange written submissions regarding the final terms of the divorce. After this second hearing, the judge will rule on the principle of the divorce and its effects. Legal representation by an attorney is manda - tory throughout the judicial divorce process.
156 CHAMBERS.COM
Powered by FlippingBook