The Role of The French Legislator in Facilitating the Process of Divorce by Mutual Consent Out of the Judge’s Jurisdiction

Prof. Hadi Shalluf
Kuwait International Law School


This research concerning the new French law of November 18, 2016, which came into force on 1 January 2017, is an important development for the French judiciary of the twenty-first century or the so-called “Judiciary of the 21st century” with the radical changes required by the new life of the 21st century.
The French legislature invented or created a real new system concerning the conflict of laws in the matter of divorce, not just in the international privet law, but concerning national and European laws.
This new law gives all people, national, Europeans and international individuals the chance to end their marriage relations without the intervention or decisions of judges and courts called Law n° 16-11.630 Divorce sans juge.
There are many countries facing the difficulties of application, the private international law especially, in the divorce matters, including Arab and Gulf counties where some time the majority of population are internationals with different religions and different cultures.
The new French law, Law n° 16-11.630 Divorce sans juge, will probably be an inspiration for Gulf Countries.

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