Article 296 of the French Civil Code
November 8, 2023
Legal separation may be pronounced or established in the same cases and under the same conditions as divorce.
Legal separation may be pronounced or established in the same cases and under the same conditions as divorce.
A spouse against whom an application for divorce is made may make a counterclaim for legal separation. However, where the main application for divorce is based on the permanent alteration of the marriage bond, the counterclaim may only seek divorce. A spouse against whom an application for legal separation is made may lodge a counterclaim for divorce.
When an application for divorce and an application for legal separation are lodged concurrently, the judge first examines the application for divorce. He pronounces the latter as soon as the conditions are met. Failing this, he shall rule on the application for legal separation. However, where these applications are based on fault, the judge shall examine them simultaneously and, if he grants them, shall order a divorce with shared grounds…
En outre, les règles contenues aux articles 229-1 à 229-4 ainsi que au chapitre II ci-dessus sont applicables à la procédure de la séparation de corps.
Legal separation does not dissolve the marriage but puts an end to the duty to cohabit.
Each of the separated spouses retains the use of the other’s name. However, the legal separation agreement by private deed countersigned by lawyers filed with a notary, the legal separation judgment or a subsequent judgment may, taking into account the respective interests of the spouses, prohibit them from doing so.
In the event of the death of one of the legally separated spouses, the other spouse retains the rights granted by law to the surviving spouse. In the event of legal separation by mutual consent, the spouses may include in their agreement a waiver of the inheritance rights conferred on them by the articles 756 to 757-3 and 764 à 766.
Separation from bed and board always entails separation from property. As regards property, the date on which legal separation takes effect is determined in accordance with the provisions of articles 262 to 262-2.
The legal separation leaves the duty of support intact; the judgment pronouncing it or a subsequent judgment sets the alimony that is due to the needy spouse. Alimony may also be provided for in the agreement for legal separation by mutual consent. This alimony is awarded regardless of fault. The debtor spouse may nevertheless invoke, where appropriate, the provisions of article 207, paragraph 2. This alimony is subject to the…
Subject to the provisions of this section, the consequences of legal separation shall be governed by the same rules as the consequences of divorce set out in Chapter III above.
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is a Registered Trademark of
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182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
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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