Divorce for Permanent Breakdown of Marital Ties: Conditions and Procedure in 2025

Imagine the scene: in Sablé-sur-Sarthe, a couple has been living apart for eighteen months. He left the family home, she stayed with the children. No divorce proceedings have yet been initiated. But now one of them wishes to officially turn the page, rebuild their life. The other flatly refuses, hoping for a reconciliation. The question that torments every spouse in this situation: can divorce be forced despite the partner's opposition? The answer lies in a legal concept: divorce for permanent breakdown of marital ties. A recent decision of the Judicial Court of Nice, handed down on 22 March 2025, clarifies its contours. And contrary to what many think, it is not an exceptional procedure.

This judgment is a reminder for all those who still believe that divorce requires the consent of both spouses. In reality, as soon as cohabitation has ceased for more than one year, one spouse may petition for divorce on this ground without having to prove fault (adultery, violence, abandonment of the home). The Nice court sets out the strict but simple conditions to be met. For residents of Le Mans, Sablé-sur-Sarthe or La Ferté-Bernard, this decision sheds light on a procedure still unknown to the general public.

In this article, I will break down this decision for you: the facts, the judges' reasoning, and above all what it changes for you in practice. Whether you are the spouse who wants to divorce or the one who opposes it, you will understand your rights and the steps to take. And if you find yourself in this situation, know that a consultation with a lawyer can save you from many mistakes.

The facts: a story that happens every day

Mr X, a father domiciled in Sablé-sur-Sarthe, left the marital home in July 2023. Initially, the couple separated amicably: he found a flat, she remained in the family home with the two children. For more than a year, each lived on their own, with no plan of reconciliation. Mr X had even started a new relationship with another woman. In short, the separation was complete, both de facto and in their hearts.

But when Mr X petitioned the family court judge in Nice (because his wife had moved to the Alpes-Maritimes after the separation) for divorce on the basis of Article 237 of the Civil Code, Mrs Y vigorously contested it. She argued that the separation was not 'permanent' because she still hoped for reconciliation. She even claimed that Mr X had sent her ambiguous messages, casting doubt on his intention to divorce. In short, she wished to maintain the marriage, perhaps for financial or religious reasons.

The court had to decide: was there indeed a permanent breakdown of the marital tie? To answer, it examined the concrete elements of the separation: absence of cohabitation for 18 months, absence of intimate relations, financial independence of each, and above all the lack of shared residence. The messages mentioned by Mrs Y were not considered sufficient to prove a wish to resume cohabitation, as they were vague and old. The judge therefore granted the divorce, considering that the condition of separation for over a year was satisfied and that the marital bond was irremediably broken.

This case perfectly illustrates a classic scenario: a spouse who refuses divorce because they see it as a loss (of rights, status, hope). But under French law, since the 2004 reform, the continuation of the marital tie cannot be imposed on the other. Divorce for permanent breakdown is a safety valve.

The court's reasoning — explained

To understand this decision, we must turn to Article 237 of the Civil Code. It provides that 'divorce may be petitioned for by one spouse when the marital tie is permanently broken'. And Article 238 specifies that the permanent breakdown is characterised by the cessation of cohabitation between the spouses for more than one year at the time of the petition. In other words: if you have been living apart for at least one year, you can petition for divorce, even if your spouse is hostile. No need to prove fault, no need for their consent.

The Nice court applied these provisions strictly. It first verified the materiality of the separation: how long had the spouses not lived together? No ambiguity: 18 months. Next, it dismissed Mrs Y's argument that the separation was not 'permanent' because she hoped for reconciliation. The judge recalled that the permanent breakdown is assessed objectively: it is not the subjective hope of one spouse that counts, but the reality of the separated life. If no new fact demonstrates a resumption of cohabitation, the divorce is inevitable.

Interestingly, the court also noted that Mr X clearly manifested his intention to divorce by petitioning the judge. Mrs Y's hope, even if sincere, could not contradict the factual reality of a long and accepted separation. In this respect, the judgment confirms well-established case law: divorce for permanent breakdown is not an option when one spouse clings on; it is a right for the one who wants to break free.

However, note that the judge always verifies that the separation is not simulated. For example, if the spouses pretend to live apart but continue to share holidays or maintain intimate relations, the divorce could be refused. But in this case, the elements were clear: separate homes, no cohabitation, affirmed independence.

In summary, the Nice decision is a classic application of Articles 237-238. It reassures those who fear hitting a wall if the other spouse opposes. But it also reminds us that the procedure is not automatic: evidence of separation of at least one year must be provided (rent receipts, statements, letters, etc.). Without such evidence, the judge may dismiss the petition.

What this means for you — in practice

If you have been living apart from your spouse for over a year, this decision directly concerns you. It confirms that you can initiate divorce proceedings without waiting for the other's consent. Here is what this implies in concrete terms.

For the petitioning spouse: you must gather evidence of the separation: change of address, rent receipts, bank statements showing separate accounts, statements from relatives, etc. The one-year period runs up to the date of the divorce petition. If you are in this situation in La Ferté-Bernard, do not waste time: every month that passes strengthens your case. Then, you will need to instruct a lawyer (compulsory for all judicial divorce). Fees vary depending on complexity, but expect between €1,500 and €3,000 for an uncontested procedure. The duration of the procedure is generally 6 to 12 months.

For the opposing spouse: know that your opposition cannot prevent the divorce if the separation is proven for over a year. Your only leverage is to challenge the reality of the separation (for example by proving that you continued to live together or that the separation is recent). But if you fail, the divorce will be granted, and you can claim compensatory measures (compensatory allowance, division of assets) within the proceedings. Do not block unnecessarily: it will only increase costs and duration.

For parents: divorce for permanent breakdown has no direct impact on child custody. Issues of residence and child support are decided separately, usually by a family court judge. However, it is common for the parent petitioning for divorce to be the one who left the home: this can influence the decision on the children's habitual residence, especially if the other parent remained in the family home.

A concrete example: in La Ferté-Bernard, a couple separated for 14 months. Mrs X wants a divorce, Mr X refuses. Mrs X gathers her evidence (lease of her new home, insurance certificate, letters). She instructs a lawyer who serves the petition. Before the judge, Mr X argues that the separation is only temporary. But the evidence is solid. The divorce is granted. Mrs X obtains a compensatory allowance of €15,000, payable over 5 years. Without this decision, she would have remained stuck for years.

Four tips to avoid this type of dispute

• Document the separation in writing: as soon as you leave the home, send your spouse a registered letter with acknowledgement of receipt to formalise the date of separation. Keep a copy. This avoids disputes over duration.
• Do not move back together, even temporarily: a resumption of cohabitation of a few weeks can 'interrupt' the one-year period and force you to start over. If you must return to your spouse for an emergency, do so in writing and for a very limited time.
• Gather evidence of your separate life: rent receipts, EDF bills in your name, separate bank statements, administrative letters. Any document showing that you no longer live together is useful. If you live with a third party, have a certificate of accommodation drawn up.
• Consult a lawyer before filing the petition: a lawyer specialising in family law will help you build a solid case and anticipate challenges. They can also advise you on financial aspects (compensatory allowance, liquidation of the matrimonial property regime). Do not go it alone.

Further reading: related case law and developments

The Nice decision is part of consistent case law. Already in 2022, the Versailles Court of Appeal (Case No. 21/04321) held that a spouse's hope of reconciliation could not defeat a divorce for permanent breakdown, once the de facto separation had been established for over a year. Similarly, the Court of Cassation, in a judgment of 23 March 2011 (appeal No. 10-15.032), specified that the permanent breakdown is assessed objectively, without regard to the spouses' feelings.

What is new in the Nice decision is the explicit rejection of the argument based on subjective hope, even sincere. The trial judges emphasised that the will of one spouse to divorce suffices to characterise the permanent breakdown, if the objective conditions are met. This shows a trend towards facilitating divorce for those who want to move on, even in the face of opposition.

In the future, we can expect the case law to maintain this course. The 2004 law aimed to simplify divorce, and the courts apply it without sentiment. However, beware of attempted fraud: if the separation is simulated (for example to obtain social benefits), the judge may refuse the divorce. But in the vast majority of cases, if you prove one year of separate living, the divorce is granted.

In practice: what to do

Here is a 4-step checklist to initiate a divorce for permanent breakdown of marital ties:

1. Check the duration requirement: count from the date cohabitation ceased. If that date is unclear, gather all documents establishing it (separate tax returns, change of address with the social security fund, etc.).
2. Consult a lawyer: this is a legal requirement. Choose a lawyer specialising in family law. They will review your case, help you gather evidence, and draft the petition.
3. Build a case file of evidence: in addition to separation documents, consider third-party statements (neighbours, colleagues) if necessary. The judge has full discretion.
4. Serve the petition on your spouse: the lawyer issues the petition. Your spouse then has a period to respond. In the absence of serious challenge, the divorce is granted quickly (conciliation hearing or not).

If you are the spouse receiving the petition, do not panic. You have one month to instruct a lawyer. Discuss your rights with them: compensatory allowance, fate of the family home, child support. Even if the divorce is inevitable, you can negotiate favourable terms.

Do you find yourself in a similar situation? A first 30-minute consultation with Maître Perucca (€45) can save you months of proceedings — and often much more. Schedule an appointment →