Divorce for permanent alteration of the conjugal relationship
Verified 01 March 2026 - Public Service / Directorate of Legal and Administrative Information (Prime Minister)
You have been living separately from your spouse since at least 1 year, and you want a divorce, but he/she doesn't? You can initiate divorce proceedings for permanent alteration of the conjugal relationship. We present you the information to know.
You can initiate divorce proceedings for permanent alteration of the conjugal relationship if all the following conditions are met:
- You are separated for at least 1 year
- Your spouse refuses to divorce
- You have no not enough elements for one divorce for misconduct.
This divorce does not require the agreement of the 2 spouses and you don't have to give reasons for your separation.
You just have to prove that the Common life has ceased for at least 1 year. This proof is done by any means.
The divorce proceedings takes place before the Family Court Judge (Jaf). The matter is referred to the judge by assignment or by query spouse written by the lawyer.
The 2 spouses must take each a lawyer.
If you are the defendant spouse divorce (the person who did not initiate the proceedings), you also need to take a lawyer. If you don't take any, the Jaf won't be able to review your requests. The decision will be made only on the basis of the applications and evidence presented to the judge by your husband's lawyer.
Except in exceptional cases, the spouse who is seeking divorce for permanent alteration of the conjugal relationship must prove, by any means, that he left the matrimonial home.
How does the one-year time limit apply?
You no longer have to live with your spouse for at least 1 year at the time you file for divorce for alteration of the conjugal bond.
If you didn't indicate that reason divorce in your initial application, the period of 1 year starts from the filing of the divorce application. In this case, the divorce judgment cannot be delivered before the expiry of the period of 1 year since the filing of the application.
In which case the one-year period does not apply?
If one of the spouses applies for divorce on the basis of the definitive alteration of the conjugal relationship and the other spouse on another basis (divorce for fault), the 1-year time limit is not to be respected.
FYI
If an application for a definitive alteration of the conjugal relationship and an application for fault are filed by each of the spouses, the judge first examines the application for fault.
Reconciliation with resumption of life together cancels the elapsed time.
You have to prove by any means that life together has ceased.
Your separation must be material and emotional. You must not more living together with your spouse.
To prove it, you can produce a different lease contract, gas or electricity bills, a certificate of accommodation by a relative, a statement of commissioner of justice, witness statements ...
The break-up of your life together must be voluntary.
It's at Jaf: titleContent to determine whether or not the elements produced characterize that the common life has ceased.
FYI
The division of the home into two distinct spaces is not enough to establish the cessation of any community of life.
The spouse who wishes to refer to non-compliance with the 1-year deadline necessary for the pronouncement of the divorce must mention it to the judge. The judge cannot see it for himself.
FYI
The judge can report the failure to comply with the 1-year time limit only if your spouse does not participate in the divorce proceedings, that is to say if he has not taken a lawyer.
If you're the husband defendant to a divorce for permanent alteration of the conjugal bond, you can ask for damages and interest.
You can only do this if you have not filed a divorce application yourself other than the initial proceedings of your spouse.
Damages may be awarded to the defendant spouse as compensation for the particularly serious consequences he suffers as a result of the dissolution of marriage.
You can change your divorce at any time during the procedure. It's called a gateway.
If if you reach an agreement with your spouse, you can change for a procedure of divorce by mutual consent, or a procedure for divorce for acceptance of the principle of marriage breakdown.
When you enter into a divorce for permanent alteration of the conjugal relationship and your spouse form one counterclaim from divorce for misconduct, you can change the reason for your request. In that case, you can also apply for divorce for misconduct by invoking the other spouse's faults.
FYI
If an application for divorce for permanent alteration of the conjugal relationship and another application for fault are submitted at the same time, the judge first examines the application for fault. In the event of rejection of the application for divorce on grounds of fault, the judge then decides on the application for divorce on the grounds that the marital relationship has been permanently altered.
Court costs
You have to pay the fees of your lawyer.
If you are the applicant spouse, you must also pay a fiscal stamp from €50 to bring your claim to justice.
If your resources are insufficient to pay your lawyer or stamp fees, you can benefit from legal aid.
Notary fees are due when he establishes a net asset statement relating to immovable property or an allocation of immovable property in respect of a compensatory benefit.
Some notary costs may also be covered by legal aid (liquidation of the matrimonial property regime).
The costs of the instance are the responsibility of the spouse who initiated the procedure, unless the judge decides otherwise.
Right to share
When the spouses divorce, they must share assets acquired together (furniture, finance and real estate).
The division of movable and immovable property is subject to a registration fee or land advertising from 1.10% to be paid to the tax authorities.
FYI
For assets less than or equal to €5,000, the right to share shall be fixed at a flat rate at €125.
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Divorce for permanent alteration of the conjugal relationship
Application for divorce
The application and the divorce proceeding
Special provisions for divorce for permanent alteration of the conjugal relationship
Concurrent applications for divorce for misconduct and divorce for alteration (Article 246)
Claim for damages (Article 266)
Bridges between divorces
Tax stamp
Land Advertising Tax
Right of sharing (Articles 679 and 680)
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