Fault-based divorce in France: what you must prove, and what it costs
Fault is proved before the judge; it changes nothing to child support.
Checked by Radif Partners · Editorial policy
Fault-based divorce is one of the three court-based procedures in France, alongside acceptance of the breakdown and definitive breakdown of the marriage. It requires proof of a serious or repeated breach of marital duties by the other spouse that makes married life intolerable. Each spouse must be represented by a lawyer, and the family court judge decides after an exchange of written submissions and evidence that runs over months, appeals excluded. Fault has limited effects on money: it changes neither child support nor the division of community property, but it can deprive the spouse at fault of a compensatory payment and expose them to damages. Readers from England and Wales, where no-fault divorce now applies, should know that France kept fault as a ground; most French couples avoid it in practice. The calculator compares the cost of an amicable divorce with that of a contested one from your quotes; the partition duty is the same in both cases.
What a contested divorce costs compared with an amicable one
Extra cost of going to court, for the couple
€4,951
| Amicable divorce, total | €4,149 |
| Fault-based divorce, total | €9,100 |
| Partition duty, in both cases | €1,100 |
Excluding expert reports, bailiff and appeal, often added in contested cases.
The procedure, from the claim to the judgment
| Stage | Content |
|---|---|
| Writ or joint application | the lawyer brings the case before the judicial court; the hearing date is stated |
| Directions hearing and interim measures | children’s residence, support, use of the home, duty of support during proceedings |
| Case preparation | exchange of submissions and evidence, overseen by the pre-trial judge |
| Judgment | divorce granted, exclusive or shared fault, financial consequences |
| Possible appeal | before the court of appeal, which retries the case |
Interim measures matter as much as the judgment: throughout the proceedings they decide who stays in the home, who pays the mortgage, child support and any support under the duty of support. They apply until the divorce is final.
What fault changes, and what it does not
| Subject | Effect of fault |
|---|---|
| Child support | none: it follows needs and resources |
| Division of community property | none: the community is split in half |
| Compensatory payment | may be refused to the spouse at fault who claims it |
| Damages | possible, articles 266 and 1240 of the Civil Code |
| Marital benefits | those taking effect on death are revoked automatically, whatever the ground |
Why litigation costs more
Regulated charges barely change: there is no notary filing, which exists only in the amicable divorce (€49.44), but the same partition duty on assets. The difference comes from lawyers’ fees, proportional to time spent: submissions, evidence, hearings, incidents, then often an appeal. Add bailiff’s acts and, where needed, an expert report. The calculator sets no fee of its own: it compares the quotes you enter.
Alternatives to fault
When the aim is simply to divorce, acceptance of the breakdown, without stating the facts, or definitive breakdown after 12 months apart, avoids fighting over grievances. If agreement is possible on everything, mutual consent divorce remains the simplest. Each route’s timescale is compared on the page on how long a divorce takes, and costs on the cost of divorce page. Before starting a fault-based case, weigh what it will actually bring: possible damages and a compensatory payment refused to the other side, against months of exchanges and higher fees.