How long a divorce takes in France: what the law requires, procedure by procedure
Legal time limits are short; negotiation and the division of property are what make a divorce long.
Checked by Radif Partners · Editorial policy
How long a French divorce takes depends on two things: the time limits set by law, and the time needed to agree or for the judge to decide. The first are known. By mutual consent, without a judge, the agreement cannot be signed before 15 days of cooling-off, then must be sent to the notary within 7 days and filed within 15 days: at least 37 days between draft and divorce. Divorce for definitive breakdown of the marriage requires 12 months apart on the day the claim is filed. A legal separation can be converted into divorce at the request of one spouse after 2 years, and at any time by joint request. Divorce by acceptance and fault-based divorce impose no prior waiting time, but their length depends on the court’s calendar and the exchanges between lawyers. The calculator places your situation within these limits. There is no decree nisi or absolute stage as in some common-law systems.
Where are you in the legal time limits?
Before “definitive breakdown” can be claimed
7 months
| Mutual consent, tightest timetable | 37 days after the draft |
| Converting a legal separation | not applicable |
| Accepted or fault-based divorce | no prior waiting time |
Time limits set by law
| Procedure | Required time | Starting point |
|---|---|---|
| Mutual consent, no court | 15-day cooling-off | receipt of the draft by registered letter |
| 7 days to send to the notary | signature of the agreement | |
| 15 days to file | receipt by the notary | |
| Definitive breakdown of the marriage | 12 months apart | end of living together, assessed at the claim |
| Converting a legal separation | 2 years, at one spouse’s request | legal separation judgment |
| Acceptance of the breakdown | none | , |
| Fault | none | , |
What really makes a divorce long
In an amicable divorce, time is rarely lost in the procedure: it is lost in negotiation. Children’s residence and support are settled quickly when parents get on; the compensatory payment and the home take longer, because the property must be valued, the soulte worked out, the bank’s agreement obtained and, if there is real estate, the statement of liquidation drawn up by a notary.
Before the judge, length depends on the court, the number of procedural incidents and the parties’ strategy. Interim measures set at the start organise family life in the meantime: children’s residence, support, use of the home, duty of support. An appeal adds a new procedure before the court of appeal.
Saving time without cutting corners
The easiest time to save is before the first appointment. Gathering the last three tax notices, recent payslips, the loan repayment schedule, account and investment statements, the family record book and a valuation of the home avoids back-and-forth that costs weeks. Agreeing on the home’s value before discussing the soulte saves more. In court proceedings, acceptance of the breakdown can be given at any time and avoids a debate over fault. Family mediation, free or on a sliding scale when approved by the CAF, often unblocks questions about the children or support.
Deadlines that follow the divorce
After the divorce, other deadlines run. Report the change to the tax office within 60 days so that withholding tax is recalculated, then file two separate returns the following year, as explained on the page on tax in the year of divorce. Support set in the agreement is indexed every year. The division of property, if not done, can be made at any time, with no legal deadline, but the joint ownership that remains meanwhile has its constraints.