A divorce by mutual consent in France can proceed without a judge when both spouses agree on the divorce and its consequences, and the legal conditions for this route are met. Knowing the order of the steps helps make clear what still needs to be settled before a convention can be signed. This is general information, not personalized legal advice. Last reviewed: October 2026.
Settle the terms first
The spouses need to agree on the practical and financial consequences of the separation, including arrangements for any children and how property will be divided. Each spouse must have their own lawyer; the lawyers help prepare a written agreement, called a convention, that records the decisions.
If key questions remain open, the document cannot simply make them disappear. For example, deciding who will use the family home is not necessarily the same as deciding who remains responsible for a mortgage. List the unresolved points and get qualified advice about them before treating the draft as complete.
Read before you sign
The lawyers send the draft convention to their respective clients. A statutory 15-day reflection period runs from receipt of the draft, and the convention must not be signed before that period has passed. Use the time to check that the written terms match what you understood and to raise anything that is unclear with your own lawyer.
Once the convention is signed by the spouses and countersigned by both lawyers, it is sent to a notary for deposit. The notary checks the required formal conditions and deposits the agreement; the deposit gives it a date certain and makes it enforceable. The notary does not take over the lawyers’ role in advising each spouse.
Check the official rules
A child who is capable of understanding their right to be heard must be informed of that right. If the child asks to be heard by a judge, the out-of-court mutual-consent route is not available in the usual way. This is one reason the family circumstances should be discussed with the lawyers early, rather than at the final signing.
For current procedural information, consult Service-Public.fr and the relevant texts on Legifrance; official pages can be updated as rules change. This guide explains the general sequence but cannot determine which route fits an individual situation. Bring questions about your circumstances to a qualified professional.