Calcul Délai 15 Jours Divorce

When a divorce is initiated in France, there is a mandatory 15-day waiting period before the divorce can be finalized. This period is known as the "délai de 15 jours" and is a legal requirement to allow both parties time to reflect on their decision and to ensure that the divorce is not rushed.

What is the 15-day delay in divorce?

The 15-day delay is a legal period that must elapse between the filing of a divorce petition and the finalization of the divorce. This period is intended to provide both parties with time to reconsider their decision and to ensure that the divorce is not a hasty or impulsive one.

During this period, the divorce can be canceled if either party changes their mind. If the divorce is not canceled, it will be finalized after the 15-day period has elapsed.

This 15-day delay is a legal requirement under French family law and cannot be shortened or waived.

How to calculate the 15-day delay

Calculating the 15-day delay is straightforward. You simply need to know the date on which the divorce petition was filed. From that date, you count forward 15 days to determine the date on which the divorce will be finalized, assuming it is not canceled.

If the divorce petition is filed on a weekend or a public holiday, the counting of the 15 days begins on the next business day. For example, if the petition is filed on a Saturday, the counting begins on Monday.

Formula: Finalization Date = Filing Date + 15 days (excluding weekends and public holidays)

Examples of calculations

Let's look at a couple of examples to illustrate how the 15-day delay is calculated.

Example 1: Filing on a weekday

If the divorce petition is filed on a Monday, the 15-day delay would be calculated as follows:

Monday: Day 1
Tuesday: Day 2
Wednesday: Day 3
Thursday: Day 4
Friday: Day 5
Saturday: Day 6 (not counted)
Sunday: Day 7 (not counted)
Monday: Day 8
Tuesday: Day 9
Wednesday: Day 10
Thursday: Day 11
Friday: Day 12
Saturday: Day 13 (not counted)
Sunday: Day 14 (not counted)
Monday: Day 15

In this case, the divorce would be finalized on the 15th day, which is the following Monday.

Example 2: Filing on a weekend

If the divorce petition is filed on a Saturday, the counting of the 15 days begins on the next business day, which is Monday. The calculation would be as follows:

Saturday: Not counted
Sunday: Not counted
Monday: Day 1
Tuesday: Day 2
Wednesday: Day 3
Thursday: Day 4
Friday: Day 5
Saturday: Day 6 (not counted)
Sunday: Day 7 (not counted)
Monday: Day 8
Tuesday: Day 9
Wednesday: Day 10
Thursday: Day 11
Friday: Day 12
Saturday: Day 13 (not counted)
Sunday: Day 14 (not counted)
Monday: Day 15

In this case, the divorce would also be finalized on the 15th day, which is the following Monday.

Frequently Asked Questions

What happens if the divorce is canceled during the 15-day delay?

If either party cancels the divorce during the 15-day delay, the divorce process is terminated, and the couple remains married. The divorce petition is no longer valid, and a new petition would need to be filed if either party decides to divorce again in the future.

Can the 15-day delay be shortened or waived?

No, the 15-day delay is a legal requirement under French family law and cannot be shortened or waived. Both parties must respect this period, and any attempt to bypass it would likely be considered invalid by the courts.

What if the divorce petition is filed on a public holiday?

If the divorce petition is filed on a public holiday, the counting of the 15 days begins on the next business day. For example, if the petition is filed on a public holiday that falls on a Tuesday, the counting begins on Wednesday.