The idea that divorce is automatic when a couple have been separated for several years is a common misconception… but it is nevertheless false!
A divorce must always be applied for through a court and granted by a court.
Whether there is a ground of irretrievable breakdown that makes it immediately impossible to continue the marriage (physical abuse, an affair with a third party…), whether both spouses recognise the need to divorce and accept this reality, or whether only one spouse wishes to do so after a year’s separation, in all cases, an application must be lodged with the family court.
Once the decision has been handed down, it must still be served by a bailiff before being entered in the civil registry.
It is only at this point that the divorce will become legally binding (enforceable against third parties) – such as government departments and creditors – and that remarriage will be possible.
Do you need a simple consultation or assistance – even on a one-off basis – with your proceedings?
Don’t hesitate to contact S-LAW! We are here to help.
