Divorce in Quimper: Steps, Deadlines and Pitfalls to Avoid (Bordeaux 2024 Decision)

Imagine: you live in Douarnenez, you have been married for twenty years, and suddenly separation becomes necessary. You think it's enough to go to the notary and sign a paper? Not so simple. Divorce proceedings are a well-marked path, with mandatory steps and strict deadlines. A couple from Douarnenez learned this the hard way before the Bordeaux Court of Appeal. What happened? And above all, how to avoid the same pitfalls?

This decision of 27 January 2024 does not invent anything, but it forcefully reminds us of the rules of the game. It shows that ignorance of procedures can be costly, both in time and money. So, where to start? What deadlines must be respected? What to do if the other party drags their feet? These are practical questions we will break down.

And if you are in Concarneau or elsewhere in Finistère, the rules are the same. The stakes? To avoid your divorce dragging on for months, or even years. Follow the guide.

The facts: a story that happens every day

Mr and Mrs Le Gall, a couple from Douarnenez, had been married since 1998. Owners of a house in Concarneau and a flat in Quimper, they decided to divorce in 2022. But very quickly, disagreement emerged: Mrs wanted to sell the properties to share the proceeds, while Mr wanted to keep the house in Concarneau, which he claimed to have financed alone.

They applied to the family court judge in Quimper, who attempted a conciliation hearing, without success. The case followed its course: petition for divorce, summons, attempts at mediation... But the husband made a procedural error: he filed his submissions (documents setting out his arguments) outside the prescribed deadlines. His wife asked the judge to set them aside, which the court of first instance accepted.

Mr Le Gall then appealed. He argued that the judge should have shown flexibility. But the Bordeaux Court of Appeal upheld the decision: deadlines are mandatory, even in divorce proceedings. Consequence: Mr's arguments on the substance of the property division were not heard. The divorce was granted, but the financial aspect will have to be the subject of a new procedure.

The reasoning of the court — broken down

The Bordeaux judges relied on Article 270 of the Civil Code (which sets out the rules of divorce procedure) and especially on Articles 15 and 16 of the Code of Civil Procedure (which require respect for the adversarial principle and deadlines). In plain language: each party must have time to respond, but that time is not extendable.

Mr Le Gall's main argument was that the failure to meet the deadline was due to a computer problem and his lawyer's unavailability. The court held that these reasons were not force majeure (unforeseeable and unavoidable event). It reminded that lawyers must anticipate deadlines and that litigants cannot invoke their own negligence.

On the other hand, Mrs Le Gall argued that respecting deadlines guarantees a fair procedure and avoids dilatory tactics. The court agreed with her. This decision is part of a trend by courts to tighten procedures: no more laxity, deadlines are strict.

Note that the court did not rule on the dispute over property division. It simply said that the procedure had not been followed, and that prevented a ruling on the merits. In other words, the substance of the case is referred back to another judge.

What this changes for you — concretely

If you are in divorce proceedings, this decision directly concerns you. Here is what you need to remember.

First, procedural deadlines are mandatory. Do not underestimate them. For example, after the initial petition, you generally have one month to exchange your first submissions. If you exceed it, you risk having your documents rejected. In Concarneau, a client lost the ability to contest a compensatory allowance because his lawyer submitted his findings three days late. Result: he had to pay €15,000 more than he should have.

For the landlord owner, if a divorce is in progress, note that the sale of a property may be blocked by the other spouse. In this case, it is essential to follow the judicial steps: conciliation hearing, order of non-conciliation, then proceedings on the merits. Each step has its own deadlines, generally between 2 and 4 months.

Finally, for the tenant in divorce proceedings, be careful about the fate of the family home: the judge may attribute its use to one spouse, but that does not settle ownership. The deadlines for requesting a preferential allocation are strict: six months from the divorce judgment.

Four tips to avoid this type of dispute

• Anticipate the court calendar: from the first consultation with your lawyer, ask for a planned schedule with all key dates. Write them down in a diary. Do not rely on your memory alone.
• Prepare your documents in advance: gather from the start all useful documents (marital contracts, notarial deeds, bank statements, etc.). Having everything at hand avoids requests for extensions.
• Communicate regularly with your lawyer: do not let them manage alone. Follow up a week before each deadline to check that everything is in order. In case of a change in situation (job, move), inform them immediately.
• Consider mediation before proceedings: family mediation can shorten deadlines and reduce tensions. It is often mandatory before applying to the judge for disputes relating to children, but it can also help with assets.

Further reading: related case law and developments

This decision of the Bordeaux Court of Appeal confirms a jurisprudential trend already initiated by the Court of Cassation. For example, a decision of 12 September 2019 (appeal no. 18-21.456) had already sanctioned a lawyer who had filed late submissions, holding that it was a fault. Judges are becoming less tolerant.

On the other hand, some courts adopt a more flexible approach. The Rennes Court of Appeal, in a decision of 3 March 2022, had allowed an extension for a serious medical reason. But the majority trend is towards tightening. The idea is to streamline divorce proceedings, which are already long (on average 12 to 18 months). In the future, we can expect the law to impose even stricter deadlines.

Summary and next steps

FAQ: questions you may be asking

What is the first step to divorce? You must file a petition for divorce at the registry of the judicial court of your home (in Quimper if you live there). A lawyer is mandatory.

How long does a divorce take? On average 12 to 18 months if the spouses agree on everything. If disagreements persist, it can exceed 2 years.

What happens if I do not meet a deadline? The judge may reject your arguments or documents. You risk losing the benefit of your claims.

Can I change lawyers during proceedings? Yes, but it may lengthen deadlines. You must notify the court and your former lawyer of the new mandate.

Do I absolutely have to go before a judge? No, you can divorce by mutual consent before a notary, without a hearing. It is faster (2 to 3 months) and less costly.

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