Que What does an amicable agreement of separation or divorce contain? un projet d’accord de rupture à l’amiable ?

An amicable separation agreement provides for all the consequences of the separation.

The aim of a mediation agreement or draft agreement is to settle all the points relating to the separation in order to avoid any potential conflicts. It also partitions the assets of the married or de facto spouses.

It will provide answers to the following questions:

  • Where will the children live?
  • How will custody and access rights be split?
  • Who will pay school fees?
  • Who will pay for the children’s extra-curricular activities?
  • Will child support have to be paid?
  • Who will continue to occupy the family residence?
  • Will the family residence be sold?
  • Who will keep the movable property?
  • Who will pay common debts?
  • Will alimony have to be paid, and if so, for how long?
  • How will the family patrimony be partitioned?
  • How will the matrimonial regime be liquidated?
  • Will there be a compensatory allowance?

This list is not exhaustive and there are several other elements that can be added by the couple.

De facto (common law) spouses can have recourse to a mediating notary to draw up a draft agreement in the event of separation. This will help them reach an agreement about their children and the partition of jointly acquired property.