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If you are both living in France, or if the children are living here with either mother or father or if the respondent is living in France, you can apply for a divorce here no matter if you where born or got married abroad.

What do you do ?

In France you cannot fill in a divorce petition by yourself and send it to court. Since January 1st, 2017 courts are not involved in mutual consent divorces except in certain cases. Husband and wife have to instruct their lawyer ( “ avocat”).There is no website such as HMCS where you find usefull information and forms to fill in. You may find useful information on the ministry of justice website : http://www.vos-droits.justice.gouv.fr/ but it has no English version and it is not the exact equivalent of the HMCS website.


Who will write the divorce petition ?

Only a lawyer is untitled to do so. All the names and addresses of lawyers are available from the Tribunal de Grande Instance in Gueret if you are living in the Creuse. The same information is provided in any Regional Court ( “Tribunal de Grande Instance”) in France.

How much will it cost ?

In France access to justice is free except before Commercial courts.When the petition for divorce by mutual consent is sent to the court no court fees have to be paid.

Where will you start your divorce petition ?

In the Creuse only the tribunal de Grande Instance de GUERET ( 23 place Bonnyaud) has jurisdiction to do so. If you live outside the Creuse ( Indre, Cher, Haute-Vienne, Puy de Dome, Corrèze....) the divorce procedure has to start before the relevant Regional Court ( “tribunal de grande Instance”). In order to find where is your Tribunal de grande instance you put your postal code on the justice website http://www.justice.gouv.fr/recherche-juridictions/consult.php and you will obtain the address and phone numbers of the relevant tribunal de Grande Instance.In France you cannot start your divorce petition before any county court as in United Kingdom, it has to be done before the relevant tribunal de Grande Instance.

What kinds of documents do i have to give to the lawyer ?

He will ask you to give him a copy of : your birth certificates (including birth certificates of all the kids under 18 years old), your marriage certificate and all the deeds.

What kind of document is drafted?

Both lawyers will draft a document called “ convention en divorce” ie divorce agreement. This document will mention all the arrangements you propose for the children after the divorce (residency, parental responsibility, financial support...) and how all the assets will be spilt. This document will be registered by a Notaire.