Divorce in France has undergone significant procedural changes in recent years. Thewrit of divorce is still the initiating document for contentious proceedings, but its legal framework and application procedures have been modernized. You need to understand these changes if you are to conduct your divorce proceedings efficiently. This new procedure is designed to simplify and speed up the handling of matrimonial matters, while guaranteeing the rights of each party.

What is the new procedure divorce writ?

The summons for divorce under the new procedure, governed by articles 1106 et seq. of the Code of Civil Procedure, designates the act by which a spouse applies to the family affairs judge to request the dissolution of the marriage. Since the decree of December 11, 2019 modernizing civil procedure, this summons must comply with strict formal requirements and is part of a tightened procedural timetable. It is the starting point for the time between summons and judgment, which has been streamlined to reduce the overall length of proceedings.

In accordance with articles 54 and 56 of the CPC, this summons must contain the following compulsory information: the full identity of the parties, the legal basis of the request (divorce for fault, for acceptance of the principle of the break-up, or for definitive alteration of the marital bond), the quantified claims and the supporting documents. You should also mention any provisional measures requested concerning the residence of the children, alimony or the enjoyment of the marital home. Note that since the law of November 18, 2016, divorce by mutual consent no longer requires a writ of summons or an appearance before a judge. The new procedure requires greater rigor in the legal drafting of this fundamental deed for the other three cases of contentious divorce.

Changes brought about by the procedural reform

The reform has introduced several major changes in the way civil divorce proceedings are handled. The judge now has enhanced powers: he can set a binding procedural timetable, strike out the case automatically if he fails to do so, and impose penalties for dilatory tactics. The orientation hearing must be scheduled within a maximum of three months of the summons, as opposed to six months previously. This change is in response to a desire for judicial efficiency in the face of court congestion.

The second change concerns the mandatory dematerialization of exchanges. Since the 2019 decree, all lawyers must transmit their documents electronically via the RPVA. This electronic communication, integrated into the digital court, facilitates exchanges between parties and significantly reduces case processing times.

Mandatory contents of the summons

Essential information

In accordance with article 56 of the French Code of Civil Procedure, the writ of summons must indicate the court seized, with its exact name and full address. Article 54 of the CPC specifies the formal requirements for this document initiating proceedings. You must specify the legal grounds for the divorce: fault, definitive alteration of the marital bond or acceptance of the principle of separation. Article 1108 of the CPC, which is specific to divorce proceedings, requires that each ground be accompanied by specific evidentiary requirements, which you should anticipate as soon as you draw up the writ of summons.

Financial claims are a central element of the deed. You need to give precise figures for claims relating to compensatory allowance, alimony and division of property. Recent case law has severely penalized imprecise or incomplete summonses, rendering subsequent claims inadmissible.

Supporting documents to enclose

Article 1108 of the French Code of Civil Procedure requires that a list of documents be provided with the writ of summons. These documents fall into three categories: civil status of the spouses and children, matrimonial and financial documents (marriage contract, proof of income), and property documents (bank accounts, title deeds). In the case of a fault-based divorce, proof of grievances must be attached immediately.

Failure to provide the required documents will render your claim inadmissible. This completeness of documentation facilitates the future post-divorce settlement and speeds up the processing of the file.

Service of summons

Service of the summons by a bailiff is still required to validly bring the case before the court. In accordance with article 1073 of the French Code of Civil Procedure, a minimum period of fifteen days must elapse between service of the summons and the date set for the hearing, to allow the defendant to prepare his defense and to appoint a lawyer. Violation of this time limit constitutes a substantive irregularity which may result in the nullity of the proceedings.

The bailiff must actively seek out the defendant in the event of service difficulties. The procedures for service (personal service, service at home or at the bailiff’s office) have been clarified by the reform, and determine the validity of all subsequent proceedings. The cost of this formality generally varies between 80 and 150 euros. Irregular service can considerably delay the processing of a case.

Procedural deadlines

The new procedure establishes a strict procedural timetable to speed up the processing of contentious divorces. The judge sets the deadlines for submissions in response at the orientation hearing, which must take place within 3 months of the summons. The submissions must then be exchanged within 2 to 3 months. Between the non-conciliation order and the final judgment, allow 6 to 12 months, depending on the complexity of the case.

The average total duration of a contentious divorce is between 12 and 18 months, compared with several years in the past. The judge can use the accelerated procedure on the merits when the case is in a position to be judged quickly, significantly reducing these delays. You need to anticipate this possibility by preparing a complete file from the initial summons. Mastering this timetable is a major strategic advantage for your customers.

Provisional measures requested in the writ of summons

The divorce summons must contain your requests for provisional measures to organize family life during the proceedings (children, home, finances). Under the new procedure, the judge must rule quickly: the orientation hearing must be held within three months of the summons. These measures, set out in the non-conciliation order, will apply until the final judgment, an average of 12 to 18 months.

You must justify each request with precise factual and financial information in the initial summons. In cases of particular urgency, the summary proceedings procedure remains available to obtain immediate measures even before the orientation hearing. This acceleration in the processing of provisional measures is one of the major advances of the reform, enabling better protection of the parties’ interests during the proceedings.

The impact of digitalization on the process

Since January 1, 2020, electronic communication has become mandatory for lawyers in contentious divorce proceedings. This obligation, which stems from the 2019 decree, is based on the Réseau Privé Virtuel des Avocats (RPVA – Lawyers’ Virtual Private Network), which enables the secure transmission of summonses, pleadings and supporting documents. Thanks to this digitization, the judicial system will see an average reduction in processing times of 20 to 30%, with a dematerialization rate exceeding 90% of exchanges by 2024.

This digital transformation calls for the adoption of specialized legal software to efficiently manage the growing volume of electronic documents. Digital document management enables real-time monitoring of the progress of divorce proceedings, and facilitates coordination between the parties. The tight procedural deadlines of the new procedure require technical mastery of these tools to meet the deadlines imposed by the family court judge.

Costs of divorce proceedings

Initiating divorce proceedings involves a number of costs that you need to anticipate. Service by a bailiff costs between 80 and 150 euros, depending on the complexity of the situation and the location of the recipient. Then there are the lawyer’s fees for drawing up the summons, which vary considerably from one law firm to another.

Don’t forget to include the compulsory stamp duty of 225 euros for all divorce writs. This contribution to legal costs is essential. For those on modest incomes, you should know thatlegal aid may cover all or part of these costs, depending on your financial situation, making the procedure more accessible.