Can married spouses get an amicable divorce?

Married spouses can get an amicable divorce, which has several advantages compared to a judgment rendered in an atmosphere of confrontation or contestation. The preparation of the documents by a notary will facilitate their homologation (ratification) by the court.

It is possible to end a marriage in an atmosphere of agreement through an amicable separation. An amicable separation has many advantages when compared to a judgment obtained in an atmosphere of confrontation or contestation. This kind of separation takes less time, reducing costs and professional fees.

However, if the spouses do not agree on all the consequences of the divorce, an accredited mediating notary can meet with them and help them settle their differences in order to reach an agreement. The mediating notary can settle all types of disputes and submit all applications to the court, regardless of whether the agreement is partial or complete.

The draft agreement: Prior to an amicable separation

In order for the notary to obtain a judgment for divorce or separation from bed and board, the spouses must have previously agreed on all the consequences of their separation.

Your notary can draw up this agreement, known as a draft agreement. This document will include the arrangements regarding:

  • Child custody
  • The obligations resulting from the marriage
  • The family patrimony
  • The matrimonial regime
  • The marriage contract
  • Any other matter arising from the marriage

This draft agreement will then be filed with the court when you apply for legal separation or divorce.

Who can submit the joint application for divorce to the court?

Married spouses can submit a joint application for divorce to the court themselves, or they can go through a notary if both of the following conditions are met:

  • They have been living separately for more than a year
  • They agree on all the consequences of the divorce

Under these conditions, the notary is authorized to represent you before the court, which will save you from appearing in court.

You will also benefit from the notary’s expert opinion in preparing the documents that must be presented to the judge. Since the agreement was drafted by the notary in accordance with the law, this will facilitate its homologation (ratification) by the court.

There will be no winners or losers following the judgment, as it will be the result of negotiations and tailored agreements, freely entered into by responsible people deciding on their future for themselves.