amicable divorce whith a foreign spouse
🧾 I. The procedure for divorce by mutual consent by acte d'avocat (France)
Since the law of 18 November 2016 (reform that came into force on 1 January 2017), divorce by mutual consent no longer necessarily goes through a judge (with certain exceptions: child requesting to be heard, adult under protection, etc.).
🔹 Procedure:
🔸Each of the spouses must be assisted by their own lawyer. Two lawyers are therefore imperative.
🔸The lawyers draw up a divorce agreement.
🔸This agreement is signed by the parties after a 15-day reflection period.
🔸It is then filed with a notary, which gives it enforceability and certainty of date.
🔸This form of divorce is known as "extra-judicial" because it does not give rise to a judgment.
🌍 II. The problem of non-recognition of extra-judicial divorce abroad
Divorce by lawyers' deed is not recognised as a "judgment" by all foreign countries, as it does not emanate from a judicial authority.
🔸 Consequences:
In several foreign states, this type of divorce has no legal value.
This can prevent the divorce from being transcribed in foreign civil status registers, and therefore prevent :
🔸a remarriage;
🔸the updating of civil documents;
🔸the recognition of legal effects (pension, custody, etc.).
🔹 Examples of non-recognition:
🔸Muslim law countries: often only judgments handed down by a judicial authority are recognised.
🔸United States, China, Algeria, Morocco, Tunisia: recognise divorces without a judgment with difficulty, if at all.
🔸Even within the European Union, some countries do not recognise the enforceability of a notarial deed in divorce matters.
⚠️ III. Recommendations for dual nationals and mixed marriages
If you have dual nationality or are married to a foreign national, you should first check whether the divorce can be recognised in the other country.
You may find yourself in a situation where one of the countries of the dual national recognises the divorce by extra-judicial document, but the other country of the dual national does not.
✅ Precautions to be taken :
🔸Check foreign legislation: some countries require a judgment from a judge.
🔸Consider resorting to judicial divorce, even if the spouses agree, to guarantee international recognition.
🔸Consult a lawyer specialising in private international law or comparative law.
🔸Check the transcription rules in each country concerned.
📤 IV. International notification of the divorce agreement
In cases where one of the spouses resides abroad, the divorce agreement (or the writ of divorce if judicial) must be notified abroad.
The notification period can be long, and proof of receipt by the other party is generally required.
This is an additional difficulty.
In any event , the spouse living abroad will need to be present with his or her spouse for the signing of the deed.
📌 Conclusion
Divorce by mutual consent by deed of attorney, although effective and fast in France, raises many obstacles internationally. Its recognition varies greatly from country to country, and can lead to complications for people with dual nationality.
Your lawyer specialising in international law will give you detailed advice and, if necessary, point you in the direction of other procedural avenues.
👉 Recommendation:
Before choosing this type of divorce, the spouses should:
🔸Ensure of the possibility of recognition abroad;
🔸Eventually favour a judicial divorce to obtain a judgment that can be transposed internationally.
📞 Need support?
I am at your disposal to study your situation in complete confidentiality and suggest the best strategy for asserting your rights.
Le 11 juillet 2025
FONTAINE-BERIOT AVOCATS:Divorce international : Cliquer