In the event of divorce, one spouse is often required to pay the other a balance, i.e. a sum of money intended to compensate for an unequal division of joint property.
But sometimes a spouse may wish to waive this, either by personal choice or to simplify the liquidation of assets.
This step must be formalized in writing and approved by a divorce lawyer, to avoid any future disputes.
Discover here a model letter for waiving the balance and practical advice to secure your decision.

Understanding the balance in a divorce

What is “soulte”?

The balance is a financial compensation paid by one spouse to the other when the division of property cannot be perfectly equitable.
Example: if one spouse keeps the joint home, he or she must pay a balance equivalent to the value the other spouse would have received in an equitable division.

When does it come into play in the division of property?

The balance is set at :

• In the case of an amicable divorce, in the agreement drawn up by the lawyers and filed with the notary;
• Or in the case of contentious divorce, by decision of the family affairs judge (JAF).

Calculating and valuing the balance

It is determined according to :

• The value of joint or undivided property;
• The respective shares of each spouse;
• And any debts.
  A notary can be commissioned to draw up a precise liquidation statement before the divorce agreement is signed.

Good to know: A divorce lawyer can help you obtain a fair valuation that complies with the sharing rules set by the court.

Waiving the balance

Is it possible to waive a balance?

Yes, a spouse can waive the right to receive a balance, but this decision must be free, informed and in writing.
It must never be the result of pressure or an imbalance between the parties.

Legal conditions of validity

For a waiver to be valid :

• It must be formalized in a clear, signed document;
• Each party must be assisted by its own lawyer;
• The waiver must be recorded in the divorce agreement or notarized.

Risks and consequences of waiver

Waiving a balancing payment means definitively abandoning a claim.
This decision can have a major impact on your assets.
Without legal support, it can be challenged later on the grounds of lack of consent or manifest imbalance.

Before any waiver, it is strongly advised to consult a divorce lawyer to verify the legality and scope of your commitment.

Example of a letter waiving a balance payment

Structure and mandatory information

A letter of renunciation must include :

• Full identity of spouses ;
• Reference to divorce proceedings or divorce decree;
• The amount or description of the item concerned ;
• Explicit mention of the free and informed will to waive the balance ;
• The signature of the renouncing party and the date.

Sample letter of waiver of balancing payment

Surname, first name, address of renouncing spouse
Last name, first name, address of other spouse

Subject: Waiver of balancing payment in divorce proceedings

I, the undersigned [Surname, first name], declare that I expressly and unconditionally renounce the balance due to me as part of the division of the property resulting from my marriage to [Name of former spouse], in accordance with the divorce agreement (or judgment).

This decision was taken in full knowledge of the facts, without pressure or coercion, and after consultation with my lawyer.

Done at [City], on [Date].

Signature

(Recommended: add lawyer’s signature for legal validation)

To whom and when should the letter be addressed?

The letter can be :

• Forwarded to your lawyer for incorporation into the divorce agreement;
• Filed with the notary when the matrimonial property regime is liquidated;
• Or, in the case of a legal divorce, presented to the JAF before the final judgment.

The importance of legal advice

Verification of the validity of the waiver

A family lawyer ensures that the renunciation is legally valid and does not prejudice his client’s interests.

Securing the division of assets

The lawyer ensures that the division of assets remains balanced, even in the event of a partial or total waiver of the balance.

Preventing future disputes

A badly drafted letter can be annulled by the judge.
The lawyer guarantees the legal security of the deed and anticipates any risk of future litigation.

Ask a a divorce lawyer in Toulon to check your letter before signing to avoid any errors or invalidity.

Why hire a lawyer in Toulon?

Specialization in family and estate law

Our Toulon office assists spouses with the liquidation of the matrimonial property regime and the drafting of renunciation deeds.

Advice on drafting the divorce agreement

We ensure that every statement is legally compliant and protects your rights in the long term.

Assistance with partition and notarial formalities

From drafting the divorce agreement to filing it with the notary, we’ll guide you through every step.

Contact our lawyers specializing in family and personal law to secure your waiver of the balance and the division of your assets.

FAQ – Surrender of divorce settlement letter

Can an equalization payment be waived after the divorce decree?
Yes, but only in a written document signed by both parties and their lawyers after the decree.

Is a waiver of the balance definitive?
Yes. Once signed and registered, it cannot be revoked, except in the case of a proven defect in consent.

Do I need a written document to waive a balance?
Absolutely. An oral waiver has no legal value.

Does the lawyer have to validate the waiver letter?
Yes, his signature certifies that the deed complies with the law and protects the renunciant.

Can a waiver of the balance be contested?
Yes, in the event of pressure, error or manifest imbalance, a judge can be called upon to annul the deed.