Under the new procedure, the spouses, having legally observed a 15-day reflection period from the date of receipt of the agreement by registered mail with return receipt requested, sign a divorce agreement in the presence of their respective lawyers.
However, the shared life between the spouses ends when the agreement becomes legally binding, that is, when the notary files it in their records.
In practice, the spouses are already living separately when they initiate divorce proceedings by mutual consent. It may then be advisable to formalize a "separation agreement" before a notary, which records the spouses' shared intention to no longer live together in the family home. While this agreement has no legal standing, it simply serves as a pre-established document, in case one of the spouses considers initiating legal proceedings.
Procedure to follow
In the event of a marital crisis, living together can sometimes justify leaving the marital home. However, while it is legally possible to leave to ease tensions and protect oneself, it is wise to take certain steps to prevent further difficulties in the future.
In advance, you must inform your spouse of your departure, and obtain written statements and attestations (from friends, family, work colleagues) specifying and explaining the circumstances of leaving the marital home.
In the event of temporary abandonment of the marital home
