Uncontested Divorce Without a Judge
Uncontested divorce - or divorce by mutual consent without a judge - is a simplified procedure established in 2017. It takes place with two lawyers but without the intervention of a judge (referred to as a non-judicial divorce).
The benefit of this procedure for spouses is twofold: it is faster and less expensive than contentious court litigation. The document establishing the terms of the divorce is signed by the future ex-spouses and by their respective lawyers. Maître Quétand-Finet - divorce expert for 10 years - reviews this procedure with you.
How an Uncontested Divorce Unfolds
In summary :
- First, agree on the principle of the divorce,
- Next, each spouse selects their own separate lawyer,
- Negotiate the terms of the divorce agreement with the lawyers,
- Consult a notary for a liquidation statement (état liquidatif) of marital assets in case of real estate (or directly with the lawyer if no real estate),
- Sign the divorce agreement and register it with a notary,
- Transcription of the divorce decree into the civil status registry.
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What are the conditions for a mutual consent divorce?
In family law, this procedure without a judge can only succeed if:
- the spouses agree on all the consequences of the dissolution of the marriage:
- no minor child requests to be heard by a judge (see our template of the minor child information form); if that were the case, the divorce would then proceed before a family court judge (JAF). This is known as a judicial mutual consent divorce;
- neither spouse is a protected adult under guardianship (tutelle) or curatorship (curatelle).
Both members of the couple undergoing divorce must have their own separate lawyer.
The advantages of uncontested divorce without a judge: fast and economical
How long does an uncontested divorce take in practice?
On average, an uncontested divorce is completed between 3 and 6 months. The timeframe depends on the issues to be settled - division of assets, potential compensatory allowance, child arrangements - and above all on property complexity. The presence of joint real estate can significantly lengthen the procedure, particularly if the liquidation statement (état liquidatif) requires a notarial deed or if the property must be sold. Conversely, a simple situation (without joint property, joint debt, or compensatory allowance) can be finalized in a few months.
No minimum duration of marriage is required to divorce by mutual consent.
In addition to being the fastest, divorce by mutual consent is also renowned for being the least expensive type of divorce, as the lawyer is intended to formalize the prior agreements reached by the spouses. In practice, disagreements often remain between separating spouses. The lawyer will then work to reopen dialogue and de-escalate conflicts. Negotiation generally allows reaching an agreement.
An uncontested divorce without a lawyer?
It is not possible to divorce by mutual consent without a lawyer. The legislator considers that the lawyer protects the spouses, especially if one is under the psychological ascendancy of the other. Especially since the procedure takes place without a judge.
One lawyer per spouse is required to ensure that no pressure or threats are exerted by one spouse against the other.
While it is not possible to dissolve a marriage without a lawyer, you can nevertheless prepare your divorce by agreeing on the key points to validate for a fast divorce. This will be far less costly than starting a contentious divorce and later switching to mutual consent.
Which lawyer to choose for a divorce without a judge?
You may choose any lawyer of your preference, provided they are admitted to a French bar and both spouses' lawyers do not belong to the same law firm. The documents you will be asked to provide include:
- civil status documents (marriage certificate, birth certificates…),
- the marriage contract if one exists,
- each spouse's income and expenses (average monthly household income on the tax assessment notice, pay slips, invoices…).
Although based on an amicable agreement between the parties, it is essential to select a good lawyer experienced in divorce law.
Indeed, one party may be so affected by the separation that they risk accepting all demands from their ex-spouse. An unfair imbalance then arises. If the lawyer representing the vulnerable spouse defends them only passively, the long-term consequences can be disastrous for that spouse.
After signing, it is no longer possible to request a modification of child-related arrangements, unless a significant new factual element has emerged since the registration of the agreement.
The Mutual Consent Divorce Agreement
The lawyers draft the divorce agreement
When the procedure is initiated, your lawyers communicate with each other and with you to prepare what is known as the divorce agreement (convention de divorce). It establishes all the terms of the mutual consent divorce, both financially and regarding child custody arrangements: primary residence, visitation rights, child support amount. After review by the parties, this document is sent by registered letter with acknowledgment of receipt (LRAR) to be signed by each spouse at the end of a statutory 15-day reflection period.
The agreement is then signed by the spouses and the lawyers
The agreement is signed by the spouses and countersigned by their respective lawyers during a joint meeting (usually at the office of one of the two lawyers). The record of the divorce thus finalized will then be endorsed onto civil status records: marriage certificate and birth certificates.
The divorce agreement, which was approved by the family court judge prior to the 2017 divorce reform, is now deposited with a notary within 7 days after signing for official recording and preservation. This deposit in a notarial office has a legally set fee of €49.44. When the couple jointly owns real estate, it is also necessary to carry out a liquidation statement with the notary, also known as matrimonial property liquidation.
Once the agreement is registered with a notary, the divorce takes full legal effect, unless the spouses have agreed to postpone its effective date.
What documents are annexed to the divorce agreement?
The documents annexed to the divorce agreement are:
- each spouse's sworn statement of income and assets (déclaration sur l'honneur),
- the draft property liquidation if applicable,
- full copies of the birth certificates of both spouses and children,
- a full copy of the marriage certificate,
- the information form for minor children capable of discernment,
- proof of dispatch of the draft agreement by registered mail (LRAR) verifying the 15-day reflection period.
What is the cost of an uncontested divorce procedure?
The cost of the lawyer's representation
Lawyer fees for a mutual consent divorce vary among law firms. Our flat-rate legal fees in Versailles include a set number of consultations, negotiation with the other spouse's lawyer, drafting the divorce agreement, and civil status transcription formalities. The firm's flat-rate package covers all legal services required for an uncontested divorce from A to Z. We charge no photocopy fees or hidden ancillary costs.
We distinguish two types of mutual consent divorces in our fee schedule:
- uncontested divorce without dependent children,
- or uncontested divorce with dependent children.
To this fee is added the cost of matrimonial property liquidation, which is an important financial stage of the procedure. The lawyer is there to assist you technically on this matter.
There are online offers for "cheap uncontested divorce" (or low-cost) that set a very low introductory price that inexorably inflates with no personalization possible. We strongly advise avoiding this type of service at all costs, as it can prove truly disastrous for either party in the long term (unfair clauses, misinformation, breaches of attorney ethical rules…)
Divorces have previously been annulled several years later due to procedural defects with this type of low-cost divorce.
Notary fees for registering the agreement
The divorce agreement is registered by a notary. The cost of this filing is approximately €50 incl. VAT. In practice, some notaries charge substantial additional fees. Our firm works with notaries in Yvelines who strictly adhere to statutory rates.
In case of mutual consent divorce with real estate
For couples who own real estate (and/or significant movable assets: vehicles, artwork, bank accounts…), a property liquidation must be executed by a notarial office. The division sharing duty (droit de partage) is 1.1% of the net asset value divided: it is collected by the tax administration and calculated on the shared net assets (debts and costs deducted from the estate). The ideal way to reduce fees is to divide as many movable items amicably beforehand as possible. The agreement will then stipulate: « have verbally divided the remainder. »
To this 1.1% is added the notary's statutory remuneration. This remuneration is referred to as 'notary emoluments'. This represents their statutory fee.
Finally, please note that you may change lawyers at any time during proceedings. In this regard, our firm can take over your case file mid-procedure if you so wish.
By Claire Quétand-Finet Family & Divorce Lawyer - Versailles Bar Association
PhD in Private Law · +10 years of experience in family & divorce law · University Lecturer for continuous legal expertise
See also:
Divorce without mutual consent - Calculate child support - Fast-track divorce tips