In France, more than 100,000 divorces are pronounced each year. The causes of such a decision vary from one couple to another, also leading to different types of divorce, recognized in French law.
As its name suggests, divorce by mutual consent is a divorce by decision of both spouses. They agree on the principle and the consequences that this will generate, financially and personally.
They agree, among other things, on the division of property, the compensatory allowance, support payments for the children and the residence of the children. The word consensus is the watchword in this type of divorce. As a result, the spouses are very often represented by a single lawyer. Articles 230 and 232 of the Civil Code govern it. Other types of divorce are considered contentious divorces.
Divorce for fault is a divorce instituted by article 242 of the Civil Code. It is requested by one of the spouses when the latter has noted a violation of the obligations or duties of the other. Absence, abandonment of the marital home, infidelity, addictions and violence are among the faults most frequently cited. Neglect of rescue and assistance duties, transsexualism, faults towards children and in-laws, membership of a sect are also part of the faults that can lead to this divorce. The trial judges study each case and assess the seriousness of the faults mentioned. Wrongs can be alleged against one of the spouses as they can be attributed to both.
Provided for by articles 233 and 234 of the Civil Code, divorce by acceptance of the principle of marriage breakdown can be requested by both spouses or by only one of them. They agree to end their union but they disagree on the pecuniary and personal consequences that this will entail.
The causes of the breakdown of the marriage are not considered. It is up to the Family Court Judges to first verify the integrity of the consent, then to rule on the consequences of the divorce and finally to pronounce this divorce. The spouses can no longer retract as soon as they have signed the minutes of acceptance of the principle.
Articles 237 and 238 of the Civil Code provide for divorce for definitive alteration of the marital bond. This type of divorce prevails on the one hand when the defendant has opted for a petition for divorce for fault while the other formulates a counterclaim for divorce for definitive alteration of the marital bond and on the other hand, when the separation between the two spouse is greater than or equal to two years. Proof of separation is the responsibility of the applicant and it can be made by any means.
It is up to the judges to decide whether it is admissible or not. As for the delay, it is assessed on the date of the issue of the summons. In all cases, the divorce is decided on the objective cause of cessation of the community of life for a certain time. Compensatory benefits, alimony and others will also be left to the discretion of these judges.
