My wife and I wish to divorce. We heard about divorce by mutual consent without recourse to the judge. How does it happen ?

If you have not yet started divorce proceedings in 2016, you can divorce by mutual consent without recourse to the judge since January 1, 2017.

When the spouses agree on the breakdown of the marriage and its effects, they can confirm their agreement in a private act signed by their lawyers. Each of them must have a lawyer.

By countersigning the deed, the lawyer gives the deed a strengthened probative force (it is an effective means of proof of the commitments of the spouses). He also attests that he has fully enlightened the part he advises on the legal consequences of this deed.

The agreement must then be registered by a notaire to acquire a certain date (the law presumes that it was indeed passed on the date indicated) and enforceable (the one to whom the act recognizes a right can have its enforcement carried out).