Law and mental health. Divorce: what French law says today

In 2025, more than 56,000 divorces were granted by family court judges in France, according to the Ministry of Justice. This figure does not tell the whole story: since 2017, many couples divorce without going before a judge. Understanding the different routes helps you choose the one best suited to your situation, and often eases a period that is already hard.

Divorce by mutual consent, without a judge

Since 1 January 2017, when both spouses agree on the divorce and on all its consequences (division of property, where the children live, maintenance), they can divorce without a judge. Each must have their own lawyer. The lawyers draw up an agreement, which the spouses sign after a compulsory 15-day cooling-off period. The agreement is then filed with a notary, which gives it legal force.

An important exception: if a minor child asks to be heard by the judge, the divorce must go to court. Divorce by mutual consent before a judge has become very rare: only 130 in 2025.

Divorces before a judge

When the spouses do not agree on everything, the divorce is granted by the family court judge. It may be an accepted divorce, when both agree to divorce but not on the consequences; a divorce for definitive breakdown of the marriage, when the spouses have lived apart for at least one year; or a fault-based divorce, in case of serious or repeated breach of marital duties. Since 1 January 2021, the procedure has been simplified and the required period of separation has been reduced from two years to one.

The law organises the separation; it says nothing of the pain it causes.

Family mediation

At any time, the spouses can turn to family mediation: a neutral, trained third party helps them reopen dialogue and reach agreements, particularly about the children. It can be suggested or ordered by the judge. It does not replace a lawyer, but often prevents the conflict from escalating.

The psychological side

Divorce proceedings, even amicable ones, often stir up strong emotions: anger, sadness, a sense of injustice. The decisions to be made touch on the essentials: the home, money, the children. Psychological support during this period helps people make these decisions more calmly, and protect the children from the conflict.

This article gives general guidance on French law. For any specific situation, it is essential to consult a lawyer.

This article is for information only. It replaces neither a consultation nor a diagnosis, which is a doctor's role.