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Is a lawyer compulsory to divorce?

Is a lawyer compulsory to divorce?

Divorce, even if granted, is always painfully experienced by spouses. Acting the consummation of the breach of the marriage contract, divorce is a test for the spouses who had sworn to cherish each other for better or for worse.

Thus, divorce is distinguished from de facto separation or legal separation, which allows spouses to end conjugal life for an indefinite period, but leaving the marital bond to remain.

Admittedly, the latter are freed from the obligations resulting from the legally established conjugal bond, but it should also be noted that divorce most often generates conflicts relating to the division of property when the couple was under a community or exercise regime. parental authority.

In France, the Civil Code recommends and organizes several types of divorces. Indeed, the procedure to be adopted to register a divorce depends on the couple's situation, which is why it is possible to use a lawyer specializing in family matters to do it better.

Moreover, the use of a lawyer is a necessary step for anyone considering a divorce. Indeed, legal assistance is made compulsory and this, the type of divorce envisaged by the couple, whether contentious or consensual.

Indeed, if divorce without a judge is possible in the context of divorce by mutual consent, the fact remains that the assistance of each spouse by a lawyer is necessary. Indeed, divorce by mutual consent is prepared by the spouses in collaboration with their respective lawyers.

Note that from now on, each spouse must be assisted by a lawyer, the use of a single lawyer is no longer possible.

The procedure for this divorce begins with the filing of a divorce petition by one of the spouses through his lawyer at the court registry of the place of residence of the family.

The spouses then record their agreement by a divorce agreement drawn up in consultation with their lawyers. Once drafted, the spouses have a reflection period of 15 days to sign the agreement. This countersigned by the lawyers, becomes a document under signature and is therefore imposed on the couple.

The agreement is then filed with a designated notary, by mutual agreement between the spouses, by the lawyers within 7 days. As a result, it acquires "Certain date and enforceability" in accordance with article 229-1 of the Civil Code.

Finally, the notary ensures the transcription of the divorce in the civil status documents of each of the former spouses. The divorce is then registered!

As you will have understood, divorce by mutual consent, which is the only one possible without the intervention of the JAF, also requires the assistance of a lawyer.

In conclusion, in the current state of French law, it is not possible to divorce without a lawyer regardless of the type of divorce contemplated. In fact, it is to ensure each spouse a better protection of his rights concerning such a sensitive issue.

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  1. It is scandalous that the State imposes the use of a lawyer for a divorce. This reform (?) is an example of withdrawal of the State in family affairs for the benefit of the corporation of lawyers whose rates are more abusive. Here again there is a liberalization to the benefit of the corporations to the detriment of the citizens.

  2. The State is withdrawing more and more from public services for the benefit of corporations such as that of lawyers. The thing is scandalous in terms of withdrawal of the State for the benefit of corporations.

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