Divorce by mutual consent is an amicable procedure that allows spouses to divorce by mutual agreement, without the intervention of a judge. To initiate this type of divorce, both spouses must agree on the principle of divorce and all of its consequences. Otherwise, a standard court procedure will be necessary. Note : each spouse must be represented by a lawyer.

Subject to the diligence of each party to the agreement, a divorce settlement agreement can be finalized in two to three months. After contacting their lawyer, each party informs their counsel of the specific clauses they wish to include in the agreement. Discussions then take place between the lawyers to ensure that the interests of each party are respected and that the agreement can be drafted. Once the agreement has been finalized by the lawyers and reviewed by the parties, each lawyer must send a copy to their client by registered mail. The client then has 15 days to consider the agreement and withdraw from it if they wish. After this period, the parties and their lawyers can meet to sign the divorce agreement. Finally, a copy of the signed agreement, along with supporting documents, is sent to the notary appointed by the parties. The notary registers the agreement within 15 days. A notarized certificate is issued to each former spouse upon registration, and this certificate formalizes the divorce.

The average cost of filing the agreement with the notary is €50. Each spouse remains responsible for their own lawyer's fees, the amount of which varies depending on the complexity of the case and the time spent drafting and communicating with the lawyer. It is recommended to consult with your lawyer beforehand to obtain a personalized fee estimate. Depending on their financial resources, each spouse may be eligible for full or partial legal aid.

The arrangements concerning the children are included in the agreement. They specify the exercise of parental authority, the children's residence, visitation and custody rights, as well as the amount of child support. Parents can choose different custody arrangements: shared custody, primary residence, or sole residence. The amount of child support is calculated taking into account each parent's income, the custody arrangement, and the child's specific needs. When a child capable of discernment wishes to be heard, the matter must be brought before the family court judge. As a guideline, the capacity for discernment is generally recognized from the age of eight, although no specific legal threshold is set.

Final legal disclaimer added → information updated as of December 6, 2025 → this document is for informational purposes only and does not constitute legal advice.