Chapter Va: Divorce and legal separation by mutual consent by private deed countersigned by lawyers and filed with a notary

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Article 1145

French Code of civil procedureIn force

Updated 7 Nov 2023

The divorce agreement is signed together, by the spouses and their lawyers meeting together for this purpose, in triplicate or, under the same conditions, by electronic signature.

Where applicable, the form signed and dated by each of the minor children, the liquidation statement of partition in the authenticated form and the authenticated deed of attribution of property subject to land registration shall be attached.

Each spouse keeps one original of the agreement accompanied, as appropriate, by its annexes and bearing the four signatures. The third original is intended for filing with a notary.

Where applicable, a fourth original is drawn up, under the same conditions, to enable the formality of registration.

An additional original shall be drawn up, under the same conditions, where the divorce agreement fixes a contribution to the maintenance and education of the child in the form of a maintenance allowance wholly or partly in cash and does not mention the refusal of both parents to set up financial intermediation for the payment of this allowance in accordance with 1° of II of Article 373-2-2 of the Civil Code. This additional original is intended to be sent to the bodies responsible for paying family benefits by the creditor parent's lawyer, along with the other information mentioned in article R. 582-4-1 of the Social Security Code, under the conditions set out in this article.

Mariela Petrova

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Common Questions

Working with a corporate lawyer in France — Q&A

Any time a strategic decision changes how the company is owned, governed or contractually bound — incorporation, fundraising, M&A, restructuring, shareholder agreements, or major commercial contracts. Earlier engagement always costs less than later remediation.

A notary (notaire) is a public officer who authenticates specific deeds (mainly real-estate transfers and certain family-law acts). A corporate lawyer (avocat) advises on strategy, negotiates and drafts company documents, and represents you in disputes. The two roles complement rather than overlap.

Yes — most of our clients are foreign suppliers, investors or holding entities. We bridge the gap between French law and your home jurisdiction's expectations and deliver everything bilingually.

The SAS (Société par Actions Simplifiée) is the default choice for most international structures: flexible governance, single shareholder allowed, no minimum capital, and works cleanly with foreign holding entities. We assess SARL, SA, SCI on the merits when the situation calls for it.

Yes — communications with a French avocat are protected by the secret professionnel (Article 66-5 of the Law of 31 December 1971). This protection is broader than the common-law attorney-client privilege and applies to written and oral exchanges.

We work on fixed fees for clearly scoped engagements (incorporation, contract drafting, audits) and on monthly retainers for ongoing advisory. Hourly billing is the exception, not the default. You always know the cost before work starts.

Typical timeline is 2–3 weeks from KYC kick-off to RCS registration, assuming standard documentation. Holding-company structures, foreign-shareholder identification or in-kind contributions can extend this — we flag the gating items at the first meeting.

Absolutely. We routinely coordinate with your in-house counsel, expert-comptable or notaire — pragmatic collaboration is the norm, not the exception. We send them everything they need to do their part without duplicating work.

Mariela Petrova

Mariela Petrova

Avocate au Barreau de Paris

Toque #C2396

15+ Years In Corporate Practice

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Communications protected by professional secrecy — secret professionnel de l'avocat, Article 66-5 of the Law of 31 December 1971.

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