Article 1081 of the French Code of civil procedure
November 7, 2023
The operative part of the decision shall mention the date of the application for divorce.
The operative part of the decision shall mention the date of the application for divorce.
A note of the divorce or legal separation shall be made in the margin of the marriage certificate and the birth certificate of each of the spouses, in view of an extract of the decision containing only its operative part and accompanied by proof of its enforceability in accordance with article 506. If the marriage was celebrated abroad and there is no marriage record kept by a French authority, a…
Divorce or legal separation shall be proved to third parties simply by producing an extract of the decision pronouncing it containing only its operative part, accompanied by proof of its enforceability in accordance with article 506.
Where the judgment granting the divorce is under appeal, the modification of provisionally enforceable ancillary measures pursuant to Article 1074-1, in the event of the occurrence of a new fact, may only be requested, depending on the case, from the first president of the court of appeal or from the Conseiller de la mise en état.
Where, after the divorce has become final, there is a need to rule on the exercise of parental authority, maintenance or the contribution to the maintenance and education of the child, the application shall be submitted, even if an appeal in cassation has been lodged, to the family affairs judge in accordance with the procedures laid down in Section III of this Chapter. The same applies, where the divorce has…
The judge may request communication of the file to the court that pronounced the divorce.
The time limit for lodging an appeal in cassation suspends enforcement of the decision granting the divorce. An appeal in cassation lodged within this time limit also suspends enforcement.
The suspensive effect attached to an appeal in cassation and its time limit does not apply to the provisions of the decision or the approved agreement that concern maintenance, the contribution to the upkeep and education of the child and the exercise of parental authority.
Divorce by mutual consent is a non-contentious matter.
The application for divorce is made by a single petition from the spouses.
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is a Registered Trademark of
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182, rue de Rivoli
75001, Paris France
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Paris Bar Registration n° (Toque) C2396
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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