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What are the preliminary steps before getting a divorce by mutual consent?

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Are you planning to get a divorce? You must reach an agreement with your spouse on the principle of divorce and its consequences for your children and your patrimony. What are the preliminary steps before a divorce by mutual consent ? Before starting the procedure, simplify the process of your divorce by preparing your separation.

Since 2017, divorce by mutual consent can be done without going before a judge!

To properly prepare your divorce by mutual consent

Step 1: I agree with my spouse on the principle of separation

Before wanting to initiate a divorce by mutual consent procedure, you must be sure that your spouse is completely in agreement on the very principle of the separation.

In case of disagreement with your spouse, it will be appropriate to start another divorce procedure (accepted divorce, divorce for definitive rupture of the marital bond or divorce for fault).

Step 2: I agree with my spouse on the consequences of the divorce

You have now agreed to divorce. You will also have to find an agreement on the patrimonial and personal consequences of your separation.

What are the main subjects on which you must agree in order to determine all the consequences of your divorce and thus avoid any future conflicts?

  • Choosing the distribution of the common patrimony: The liquidation of your matrimonial regime
  • Provide for the payment of a compensatory allowance if one of the spouses sees their standard of living drop after the separation
  • You must determine who will have custody of the children.
  • You must determine the amount of child support (
  • Decide if you want to keep your married name.
  • Decide who will keep the family home?

Step 3: I start the online divorce procedure

The online divorce procedure will put you in touch with an AGN lawyer in your area.

You can also edit the divorce agreement. You will be able to make a draft of the divorce agreement which will then be taken over by your lawyer.  Each of you and your spouse will have a lawyer.

  • The agreement providing for the consequences of the divorce will be drawn up by private document countersigned by two lawyers.
  • Your lawyers will send you the draft divorce agreement by registered letter with acknowledgment of receipt.
  • After receiving this draft agreement, you must wait 15 days to sign it: indeed, you have a mandatory period of 15 days to think about it, and if you no longer intend to divorce, you can simply not sign the document and therefore withdraw from it.
  • Once the agreement is signed, your lawyers will register the agreement in the minutes of a notary and your divorce will take full effect.

If you wish to divorce by mutual consent, you can use the online divorce procedure, while benefiting from the advice of a lawyer in your area belonging to the AGN network. You transmit your information directly online, and then meet with an AGN lawyer to validate the divorce agreement together. You and your spouse each meet with a lawyer. You receive the divorce agreement, after 15 days of reflection you sign the divorce agreement in the presence of the lawyers.

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