When couples part on good terms and the spouses both want to divorce, an amicable divorce seems to go without saying. However, although the context presents itself in a favorable light, disagreements, even conflicts, can appear between the spouses during the procedure and constitute an obstacle to a divorce by mutual consent. In such a case, the spouses’ lawyers play an essential role in defusing the conflict and attempting to negotiate in order to achieve an amicable divorce as planned. This is less obvious, but still possible.
Conflicting Divorce
In the case of conflicting divorce, the idea of divorce by mutual consent sometimes seems out of reach. Yet even if the circumstances seem unlikely to bring the spouses to agree, nothing is impossible. The latter can indeed understand that it is in their interest to temper their positions in order to find an agreement that can satisfy them. Here again, the lawyers for the spouses play a key role in the discussions that may take place.
The Exceptions
There are exceptions to be aware of. It is not possible to divorce without a judge if the file includes a foreign element, that is when international law applies. This is the case, for example, if at least one of the two spouses is a foreigner or lives abroad. The aim here is to avoid subsequently any challenge to the divorce abroad and any difficulty in enforcing the consequences of the divorce (custody of children, division of property, etc.).
Similarly, if a minor child wishes to be heard by the judge – the procedure provides for asking his opinion – then an amicable divorce without a judge will not be possible either. Even by mutual consent, a divorce involving an adult under guardianship or curatorship will also have to go before the judge.
The Lawyer
Your divorce lawyer is your best ally in the event that you are thinking about a divorce. This is why it is essential to choose your lawyer well, especially in the context of an amicable divorce, which is considered an “ideal divorce.” Indeed, your counsel will try to overcome the obstacles that will arise during the procedure and it will be your best option to increase your chances of reaching a fair agreement.
The Ideal Solution
An amicable divorce could be the ideal solution. Divorce by mutual consent is completely diverted, which means that the judge no longer intervenes in the context of the procedure, which is entirely carried out through the intermediary of the 2 lawyers and possibly the intervening notaries.
Indeed, the spouses turn to lawyers for the drafting of a divorce agreement that will deal with all the effects of the divorce. The parties and their lawyers sign this agreement and then file it with a notary so that he can register it among his “Minutes” (notarial deed) which will give it both a certain date and enforceability.
Separate Lawyers
Today, divorce by mutual consent is the only option to benefit from this simplified procedure, without any recourse to the judge (except for the exceptions mentioned above), which makes it particularly attractive. In return, where previously a single lawyer could represent the 2 spouses, under the supervision of the judge, today each spouse must have their own lawyer, in order to avoid pressure and preserve the balance between the spouses.
Choosing a Lawyer
Choosing a divorce lawyer will save you time. He will listen actively and will ask you the right questions from the outset in order to better understand your situation and your issues. Once he has a better understanding of the situation, he may recommend mediation to calm the situation and attempt an amicable procedure. In some cases, a divorce lawyer will accompany you at the launch of the divorce procedure, presenting you with all the options available to you.
