The entry into force of the new divorce by mutual consent on January 1st 2017
The law 2016-1547 dated November 18th 2016 of modernization of the justice system of the 21st century introduces, from January 1st 2017, a new divorce by mutual consent.
Indeed, if the child does not wish to be heard by the judge, the divorce by mutual consent is no longer submitted to the approval of the Family Judge but takes the form of a private agreement countersigned by the lawyers, and registered with a French notaire. If the child wishes to be heard, the procedure becomes judicial again, following the classic procedure.
This simplified procedure affects both the divorce by mutual consent chosen from the beginning by the spouses and the bridge to mutual consent that the parties opt for when they finally find an agreement but were engaged in litigious proceedings, and no child asked to be heard by the judge (Article 247 of the Civil Code).
This new procedure aiming to simplify the divorce is however inadequate in an international context considering neither the circulation nor the recognition of the divorce contract are insured.
The questions related to private international law have been treated more thoroughly by Alexandre BOICHE in the French journal Actualité Juridique Famille of January 2017.