Greater freedom for spouses seeking divorce

The debate surrounding no-fault divorce is likely to continue for some time. Indeed, some believe that the formal recognition of this mechanism revolutionizes the entire legal system. This impact extends beyond institutions and legal provisions to affect all stakeholders involved. From now on, divorce proceedings are becoming a matter for legal professionals. The consensus is that a judge is only necessary when a dispute arises. However, “dispute” implies “fault,” and therefore a sanction for the behavior of one spouse or the other. The judge no longer serves as a primary protector of the institution of marriage. No longer is a person forced to remain with another if both parties acknowledge the failure of the marital union. As societal morals and values evolve, this shift becomes necessary, particularly by offering greater freedom to spouses seeking to dissolve their marriage.

Divorce: A Sanction or a Remedy?

It is still too early to truly measure the impact of this new law, which came into effect in January 2017. In reality, however, very little will change, other than the fact that marriage is becoming increasingly voluntary. Previously, the primary concern was the welfare of children born from the union. Today, the law provides extra protection for children, even in the event of a parental separation. Divorce is even emerging as a remedy to prevent situations from worsening when no fault exists. However, before any decision is made, consulting a lawyer is mandatory. They will explain in detail the implications of marriage and address essential questions such as: what is community liquidation ? Wisdom, then, lies in admitting that the relationship is a failure, but even more so in understanding its consequences. It is, therefore, up to the spouses to acknowledge this. Of course, they have shared years of life together. They know each other intimately.

Effective protection of all parties with legal counsel?

Contrary to initial beliefs, in a divorce handled by a notary, the latter has no say in the substance of the decision. Their role is limited to formalizing the spouses’ wishes. To this end, they verify the integrity of the consent and ensure that all legal requirements are met. They are assisted by the parties’ attorney, who ensures their client is protected from any misconduct by the other party. In a sense, the fate of the spouses is left in the hands of these legal professionals. Consequently, everything depends on their expertise and good faith. The most challenging stage of a divorce concerns its legal and financial consequences. This process can be time-consuming if the parties remain inflexible; indeed, generally, neither side is willing to make concessions. Therefore, judicial intervention remains a possibility. Nevertheless, some advocate for the total abolition of fault-based divorce.