In divorce proceedings, an adult under guardianship is represented by his guardian and an adult under curatorship brings the action himself, with the assistance of his curator. However, the person under guardianship may accept the principle of the marriage breakdown on his or her own, regardless of the facts giving rise to it.
An ad hoc guardian or curator is appointed where guardianship or curatorship had been entrusted to the spouse of the protected person.
If an application for a legal protection measure has been filed or is pending, the divorce application may not be examined until after the judgment ruling on the implementation of such a protection measure. However, the judge may take the provisional measures provided for in articles 254 and 255.
Where one of the spouses is placed under one of the protective regimes provided for in Chapter II of Title XI of this Book, no application for divorce by mutual consent may be made.
The application for divorce is presented by the parties’ respective lawyers or by a lawyer chosen by mutual agreement. The judge examines the application with each of the spouses, then brings them together. He then calls the lawyer or lawyers.
When the conditions set out in article 232 are met, the judge shall homologate the agreement settling the consequences of the divorce and, by the same decision, pronounce the divorce.
If the court refuses to approve the agreement, however, it may approve provisional measures within the meaning of articles 254 and 255 which the parties agree to take until the date on which the divorce judgment becomes res judicata, provided that they are in the interests of the child or children. A new agreement may then be submitted by the spouses within a maximum period of six months.
Failing the submission of a new agreement within the period set out in Article 250-2 or if the judge again refuses homologation, the application for divorce lapses.
The spouse initiating the divorce proceedings may state the grounds for his or her claim if it is based on acceptance of the principle of the marriage breakdown or the definitive alteration of the marriage bond. Outside these two cases, the grounds for the application must be set out in the first submissions on the merits.
The application initiating proceedings shall include a reminder of the provisions relating to: 1° mediation in family matters and participative proceedings; 2° Approval of partial or full agreements between the parties on the arrangements for exercising parental authority and the consequences of divorce. It also includes, on pain of inadmissibility, a proposal for the settlement of the spouses’ pecuniary and property interests.
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is a Registered Trademark of
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182, rue de Rivoli
75001, Paris France
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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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