" The debate is open ! "
The custody of the Seals highlights the "Simplification" and "Pacification of relations between spouses. But family associations believe that only the judge can guarantee the fairness of the agreements between the parties. « Metronews seek your opinion on the issue at the end of this article.»
The new divorce procedure has just been voted in committee by the deputies:
The separation between spouses can go well. But it also happens that divorce procedures are an additional ordeal for spouses who want to break up. It is precisely to "Simplify" And "Pacify relations between spouses" that the deputies authorized, Wednesday, the divorce by mutual consent without judge. For this, they voted in committee an amendment, as part of the justice reform of the XNUMXst century.
This government amendment seeks to “Propose a divorce by mutual consent without a judge.” It stipulates that “The spouses may consent to their divorce by deed under the private signature countersigned by lawyers, filed in the rank of minutes for a notary”, Explained Jean-Jacques Urvoas, the Minister of Justice. However, the procedure will not be able to apply if a minor requests to be heard by the judge, and the spouses will have a period of reflection of 15 days before signing… Around 50 euros
For the Minister of Justice, this device "Aims to continue the evolution of the divorce procedure in the direction of simplification and pacification of relations between spouses who wish to divorce. "This new category of divorce is thus intended to add to the current cases of divorce, and to" Replace the majority of divorce cases by mutual consent "(The judges deal with approximately 70.000 divorce cases amicably every years.)
But family associations, such as Unaf (union of family associations) requests the rejection of this amendment, perceived as a “New attempt at Dejudiciarisation”… “Any divorce, even envisaged in a consensual way, is never trivial, so much for adults only for children. "
Recalls Unaf. For her, the judge is essential: He is the guarantor of the children's interests and of the maintenance of their links with their two parents after separation. He ensures, through his independence and impartiality, the fairness of the agreements between the parties, the protection of the most vulnerable spouse and verifies that he has not been subjected to pressure and that his free consent has not not been forced ”. And this provision, which was brought "Without prior consultation" Is "All the more dangerous since it now targets couples with children. "
Every day in France, some 365 divorces are pronounced, not counting the separations!