What is a divorce act?
Definition
The act of divorce is an official legal document which attests that two people, who have been married, are no longer linked by marriage. Clearly, it is a question of proving that you have gone from the status of “married” to that of “divorced”.
A legal document which justifies the modification of the civil status of the ex-spouses
This act, which justifies the modification of the civil status of the ex-spouses, also formalizes their right to resume a life without mutual obligations as defined by the marriage certificate. In France, there is no act of divorce as such. Proof of divorce can take the form of different documents such as divorce judgment, in simple or enforceable copy for example.
What is an act of divorce in France for?
The act of divorce is an essential document to perform certain administrative or legal formalities.
Officially justify the dissolution of marriage to various organizations
This document makes it possible to officially justify your divorce from administrations and organizations such as a bank, the tax authorities, the town hall or the CAF.
Assert your rights following the divorce procedure
With this document, the divorced person can assert their rights. For example :
- application of judgment measures,
- liquidation of the matrimonial regime,
- termination of a contract,
- resolution of inheritance issues.
Remarry
In the event of remarriage, it is essential that the marriage certificate appears the mention of the divorce.
Update civil documents
The mention of the divorce on marriage and birth acts makes it possible to have an up -to -date and compliant civil status. The act of divorce is also necessary for name change procedures, if one of the ex-spouses plans to resume his surname of birth.
In summary, the act of divorce makes it possible to prove its civil status following a divorce.
What differences between an act and a divorce judgment?
A court decision rendered to the court by the judge in family affairs
The divorce judgment designates the decision rendered by the judge in family affairs. At the end of the hearing, the latter officially pronounces the divorce after having recalled the reasons as well as the measures taken concerning children, the sharing of goods, alimony, etc. This document allows ex-spouses to enforce the decisions taken by the court.
A legal document proving that a divorce judgment was rendered in court
The act of divorce is made up of various documents attesting to divorce. It is used to prove that the divorce is official. It may be a certificate from the notary, the updated birth certificate, etc.
Should we call on a lawyer or a notary to obtain a divorce act?
If the request for a divorce act can be made by the ex-spouses themselves, the use of a lawyer or a notary may have advantages. These law professionals master the procedures and will be able to define what documents are really necessary: an enforceable copy of the divorce judgment, for example, to enforce alimony. The use of a lawyer or a notary thus saves time.
How to obtain an act of divorce online?
Fill in the Cerfa request form n ° 11808
If you are unable to go directly to the court registry which made your divorce judgment, you can obtain a divorce act quickly by performing an online request via the CERFA form n ° 11808.
Choose between simple copy or enforceable copy
The online approach makes it possible to obtain the document of your choice: a simple copy of the divorce judgment, useful for making current administrative formalities, or an enforceable copy, to initiate an action before a justice commissioner, for example.
What are the steps to obtain a copy of a divorce judgment?
The procedure to obtain the copy of a divorce judgment is similar to that for an act of divorce. It is necessary to send your request to the registry of the judicial court which made the decision and to complete the CERFA form n ° 11808. You have to indicate:
