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If both spouses agree to the divorce and agree on all relevant matters (including the distribution of property and custody of children), this is a divorce by mutual consent (divorce by mutual consent) and no other reason is necessary. An agreement should be drawn up by a lawyer and signed by both parties before the documents are submitted to the High Court of First Instance. Legal separation (legal separation) is a legal regime that terminates certain conjugal obligations, such as the obligation to live together, without dissolving the marriage itself. It is therefore not possible to remarry and the maintenance obligation is maintained. These cases can be classified into two categories: a separation of two years or more (permanent alteration of the marital bond) or a guilty divorce (divorce for fault). In the latter case, the spouse seeking divorce must prove that the other party caused the marriage to break up; This typically happens through desertion, adultery or cruelty. In this case, the court will usually accuse either party and may claim damages. If a couple agrees to a divorce but cannot be resolved, an accepted divorce (accepted divorce) is possible. In this case, a judge will rule on all contentious issues. French judges almost always try to get the couple to an agreement. This can slow down the whole process.
In accordance with Regulation (EU) No 1259/2010 of 20 Spouses may choose the law applicable to divorce or legal separation of 1 December 2010 as regards the implementation of enhanced cooperation in the field of the law applicable to divorce and legal separation. In the absence of such an election, divorce or legal separation is governed by State law: after such mediation, the parties who have reached an agreement may submit their consent to the judge for approval or choose divorce by extrajudicial agreement procedure. At the request of one of the spouses, a judgment on legal separation is automatically transformed into a divorce decree if the separation without dissolution of the body lasts two years. In this case, the judge grants the divorce and decides on its consequences. The reasons for legal separation become the ground for divorce. The classification of errors cannot be changed. This is different from a legal divorce or separation that will only have an impact in the future. For all types of legal separation, the latter can be converted by mutual agreement at the request of both spouses. However, if a legal separation is granted by mutual judicial agreement, it may be transformed into a divorce only by mutual agreement.
However, where the application concerns the conversion of a legal separation into a divorce, divorce is the law applicable to legal separation, unless the spouses choose something else. In the event of divorce by mutual judicial agreement, the application must not specify the reasons for the divorce, but must include an agreement attached, dated and signed by the spouses and their lawyers, which compares all the consequences of the divorce and contains, where appropriate, a declaration of liquidation of the matrimonial property regime. . . .