Call Us + 33 1 84 88 31 00

Chapter I: The rights of spouses and matrimonial property regimes.

Article 1286 of the French Code of civil procedure

Applications for authorisation and empowerment provided for by law, and in particular Article 217, the second paragraph of Article 1426 and Articles 2395 and 2440 of the Civil Code, are brought by application before the family court. Applications for authorisation and empowerment under articles 217 and 219 of the same code, where the spouse is unable to express his or her wishes, shall be submitted to the guardianship judge.

Read More »

Article 1287 of the French Code of civil procedure

The application referred to in the first paragraph of Article 1286 shall be investigated and judged as in non-contentious matters and shall obey the rules applicable to such proceedings before the judicial court. However, where the application for authorisation seeks to override the spouse’s refusal, the provisions of articles 840 to 844 shall apply. The judge hears the spouse unless he or she is duly summoned and does not appear….

Read More »

Article 1289-1 of the French Code of civil procedure

The spouse’s application shall be accompanied by any evidence of the spouse’s inability to express his or her wishes or by a medical certificate, if the inability is of a medical nature. The judge may, either of his or her own motion or at the request of the parties, order any investigative measure. At the hearing, he or she shall hear the spouse. He may, however, on medical advice, decide…

Read More »

Article 1292 of the French Code of civil procedure

The application for separation of property is brought before the family court of the family’s residence. It obeys the rules of Article 1136-1. An extract of the application shall be forwarded by the applicant’s lawyer to the registries of the judicial courts within the jurisdiction of which both spouses were born, for the purpose of retention in the civil register and publication by mention in the margin of the birth…

Read More »

Article 1293 of the French Code of civil procedure

The judgment may not be given until one month after the entry provided for in the preceding article has been made in the margin of the birth certificate of each of the spouses or, if that certificate is not kept in a French register, after the extract of the application has been entered in the civil register mentioned in l’article 4 du décret n° 65-422 du 1er juin 1965 portant…

Read More »

Contact a French lawyer now

Contact a French Business Lawyer

Our French business lawyers are here to help.
We offer a FREE evaluation of your case.
Call us at +33 (0) 1 84 88 31 00 or send us an email.

Useful links

You have a question in French Business Law?

Our French business lawyers are here to help.
We offer a FREE evaluation of your case.
Call +33 (0) 1 84 88 31 00 or send us an email.

All information exchanged through this website will be communicated to lawyers registered with a French Bar and will remain confidential.