How to divorce amicably in Lyon?

At present in France, nearly 45% of marriages end in divorce. However, we note that more than half of these separations are done by mutual agreement and without particular difficulty. It is for this reason that from 2016, a number of legislative reforms were adopted in order to simplify procedures and avoid the congestion of courts in large cities such as Lyon. This is how the divorce procedure by mutual consent left the jurisdictional framework.

The reform of divorce by mutual consent

Why clog the jurisdiction for cases that do not present specific disputes? The problem arose for a long time at the Lyon TGI. It is in this perspective that the reform of the divorce by mutual consent. From 2016, it is possible to follow an extrajudicial procedure, that is to say that we no longer need to refer to the judge to have a divorce pronounced.

Use lawyers

Initially, couples who wanted to divorce amicably could call on their family lawyer to plead before the judge. Today, if the procedure is outside the legal framework, the law requires, on the other hand, that each party be assisted by its own lawyer. To find a lawyer specializing in family law and particularly in new amicable divorce proceedings in Lyon, you just have to go on the Internet. Firms have specialized in this type of business and offer rapid handling of their clients’ files. Usually, the lawyers offer fixed price services rather than hourly fees.

The separation agreement

To divorce amicably, the couple must write with their lawyers what is called a separation agreement. First, it will organize the dissolution of the community according to the marriage contract (separation of property, assets, liabilities, companies…). Then, the separation agreement will organize the future relations of the couple in particular as regards the custody of the children, the fixing of the alimony and also the compensatory allowance. When the spouses have agreed on the terms and consequences of the divorce, lawyers write the agreement and present it to them for signature.

Authentication of the agreement

Once separation agreement is signed by the spouses, they must make an appointment with a notary so that the latter authenticates the act in his capacity as registrar. It is from this moment that the divorce will take effect. The price of the act has been set by law at around fifty euros. It is therefore a much simpler procedure to follow, faster than a legal divorce which can take several years. It is also a cheaper separation procedure to compensate for the obligation for the parties to be assisted by their own lawyer.

In which cases does the case come before the judge?

If more than half of divorces are the subject of a amicable separation, don’t make the mistake of believing that these are “easy” businesses. A separation is always a painful moment in life and the grievances are more or less important depending on the circumstances, especially if there are children. Divorces by mutual consent are a path chosen by those who wish to separate by mutual agreement and by those who wish it to happen quickly. In some cases, the tensions are palpable and the negotiations during the drafting of the separation agreement can be tense. When a couple can’t agree on the separation of property, fixing of residence, or child custody, the case comes back to the judge. Likewise, children must be informed of their right to be able to speak before the family court judge. If they wish to be heard, the procedure becomes judicial.

The important thing in a divorce by mutual consent is to maintain good communication within the couple and the family. Then the lawyers do the rest, advising you and carrying out the negotiations.

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