At each important stage of life, the notary advises and accompanies you. From the choice of the right matrimonial regime to the choice of an inheritance settlement, and including gifts between spouses, he is there to help you make the right decisions. In recent years, the notary’s competence in family law has even extended to divorce by mutual consent.
Here are some details about divorce at the notary’s office.
THE CONDITIONS OF DIVORCE AT THE NOTARY’S OFFICE
The law on the modernization of justice that came into effect in 2016 has made it no longer mandatory for the Family Court (JAF) to hear an amicable divorce. By filing an agreement countersigned by the spouses’ lawyers in the minutes, the notary can give force of law to a divorce.
However, there are conditions to this. First, if the couple has minor children, they must be informed that they can meet with the JAF if they wish. Also, both spouses must be able to give free and informed consent (i.e., not have the status of a protected adult). Finally, they must agree on the financial effects of their separation.
If all these conditions are met, then they can have a divorce agreement prepared.
THE DIVORCE AGREEMENT, DRAFTED BY THE LAWYERS
The spouses wishing to divorce must call upon their respective lawyers. They will then agree on a proposed divorce agreement. This is a private document that must be signed by the spouses at the end of a 15-day reflection period. It contains the information on which the spouses have agreed, among others :
– The loss or retention of the spouse’s name
– The conditions for exercising parental authority
– The payment or not of a compensatory allowance
– The liquidation of the matrimonial regime
Following this, the lawyers can send the agreement and its annexes to the notary within 7 days. Once the deed is received, the notary ensures that all the rules set out above have been respected. He does not need to receive the spouses and their lawyers to continue this procedure. Indeed, his role does not replace that of a JAF, because it is not his job to verify the balance of the agreement and the consent of the parties (this is the job of the lawyers). On the other hand, he is responsible for carrying out a formal check of the agreement and registering it in his minutes, within 15 days. The agreement is then enforceable, which means that the divorce is now valid.
You can find here a model of agreement for amicable divorce.
HOW MUCH DOES A DIVORCE BEFORE A NOTARY COST?
Whether the divorce by mutual consent is pronounced before a notary or a judge, the spouses must be represented by their respective lawyers. They will therefore have to pay a fee to their lawyers. Since lawyers’ fees are free, ask the lawyer about his or her fees before hiring one.
Then, the cost of filing the divorce agreement by authentic act is fixed by the State and is charged 50,40 €. However, the fees are higher if the spouses own real estate. Thus, the notary’s fees will depend on the value of the property to be divided.
If the spouses do not wish to sell their joint property immediately, they can set up an indivision agreement. The indivision agreement is drawn up by notarial act and defines the distribution of the expenses and incomes related to these goods (taxes, rents…). Here again, the notary’s fees will depend on the value of the property in question: it is a tariffed act and the fees are fixed by the State.
Finally, the work of drafting the compensatory allowance, if any, must be taken into account. This consists of an amount paid by one of the ex-spouses to the other, in order to compensate for the loss of his/her standard of living after the divorce. The notary then sends a report to the judge, who decides on the amount. As for the calculation of a possible alimony, it is up to the lawyers to do it.
Finally, the work of determining the compensatory allowance, if any, must be taken into account. This consists of an amount paid by one of the ex-spouses to the other, in order to compensate for the loss of standard of living after the divorce.
If you wish to initiate a divorce by mutual consent, the Notary Office of Virginie Laidet is there to assist you. With its long experience in family law, the Office will help you find the best solution.