What is the liquidation report?
Divorce involves the dissolution of marriage on the one hand, it is the social part of the procedure, and on the other hand, it entails the division of property between the spouses, it is the patrimonial part of the divorce proceedings .
These settlement operations of the matrimonial regime are obligatory for the pronouncement of a divorce by mutual consent. Indeed, in this mutual agreement procedure, the spouses have the obligation to liquidate the community during the divorce proceedings.
This is not the case in litigation divorce proceedings. Indeed, the law does not condition the pronouncement of the divorce to the obligation to submit to the judge a liquidation statement.
Nevertheless, the spouses are encouraged to propose a liquidation statement that will ensure a definitive settlement of the marriage at the same time as the pronouncement of the divorce.
The judge has the faculty to appoint a notary or a qualified professional whose mission will consist in the establishment of a draft of liquidation report, which can be taken again in the assignment in divorce for fix the compensatory allowance, make advance requests for the share of community or indivision etc.
It should be noted that even in the context of a contentious divorce, it is possible for the spouses to amicably prepare an agreement regulating their matrimonial regime during the divorce proceedings.
In the absence of agreement, the family judge pronouncing the divorce may also decide on the liquidation difficulties raised by the parties and which the notary attested.