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Master Vincent Girod, lawyer specializing in divorce law by mutual consent in Lyon , explains the advantages and disadvantages of amicable divorces. In French law, there are four types of divorce. Three procedures are adversarial, but the fourth allows for an amicable divorce.
You will need to come to an agreement with your ex-spouse (on the division of property, the amount of alimony, custody of the children, etc.).
A divorce agreement will then be drawn up by your respective lawyers.
You will only see a magistrate if you have a minor child and the child wishes to be heard by a judge (which is very rare).
An amicable divorce therefore has many advantages, but also disadvantages depending on your situation.
The advantages of amicable divorce :
Speed : An amicable divorce has a significant advantage in terms of time. In fact, while a “classic” divorce can last several years, a divorce by mutual consent, if the spouses easily agree, lasts on average 3 to 6 months, in the absence of real estate.When real estate exists, it will be necessary to wait for it to be sold or bought back by one of the spouses, which lengthens the time.
Cost : Even if the use of a lawyer is essential for an amicable divorce, since the procedure lasts less time, the cost of the lawyer will be reduced. Indeed, the lawyer’s intervention will normally be limited to appointments, drafting the agreement, filing it with the notary and the formalities of transcription to the civil registry.In the case of a judicial divorce, there are several documents to be drafted and two hearings (minimum).
Freedom of choice : In an amicable divorce, the spouses freely choose the consequences of their divorce. The choices that will have to be made include the division of property, the amount of alimony, child custody, etc.When the spouses agree, then no judge will interfere in this decision, which is a great guarantee of serenity.
Psychology : The amicable procedure is calming and much less traumatic for the spouses (and for the children of the couple) given that it will only be your choices and not those of a judge.
The disadvantages of amicable divorce :
The obligation to agree : When the divorce is conflictual, then it will be difficult for the spouses to find common ground, especially when it comes to children. Thus, the advantage of freedom of choice can quickly turn into a disadvantage if the spouses do not agree.
The difficulty of reversing one’s decisions : When the mutual consent divorce agreement is registered with the notary, there is no longer any possibility of reversing it. The modification of this agreement will obviously remain possible, but by means of the drafting of an amendment by mutual agreement. Failing this, the revision will be judicial.
Judicial review : If the former spouses wish to modify the initially drafted agreement but do not agree on the drafting of the amendment, then the Family Court Judge may intervene even if the spouses had originally chosen an amicable divorce. The Judge may only intervene on the compensatory allowance and measures relating to the children (alimony, custody, main residence, visitation and accommodation rights).