Article 1122 of the French Code of civil procedure
November 7, 2023
A protected adult of full age may only acquiesce in the divorce judgment, or withdraw from the appeal, with the authorisation of the guardianship judge.
A protected adult of full age may only acquiesce in the divorce judgment, or withdraw from the appeal, with the authorisation of the guardianship judge.
At any time during the proceedings, the spouses may accept the principle of the breakdown of the marriage regardless of the facts giving rise to it. This acceptance may be recorded in a procès-verbal drawn up by the judge and signed by the spouses and their respective lawyers at any hearing on provisional measures. During the proceedings, the request made pursuant to Article 247-1 of the Civil Code must be…
Acceptance of the principle of the breakdown of the marriage regardless of the facts giving rise to it may also result from a document signed privately by the parties and countersigned by lawyers in the six months preceding the application for divorce or during the proceedings. If it is drawn up prior to the application for divorce, it is attached to the application initiating proceedings made jointly by the parties….
The family affairs judge shall grant the divorce on no grounds other than the spouses’ acceptance.
The costs of the proceedings, up to and including the writ of summons to have the divorce granted, shall be shared equally between the spouses, unless the judge decides otherwise.
Subject to the provisions of Article 472, the court may not raise of its own motion the plea that the one-year period provided for in the first paragraph of article 238 of the Civil Code.
Where the application for divorce is based on the definitive alteration of the marriage bond under the conditions provided for in article 238, paragraph 2, of the Civil Code, the decision ruling on the principle of divorce may not be made before the expiry of the one-year period and subject to the last paragraph of article 238.
The costs of the proceedings shall be borne by the spouse who initiated them, unless the judge orders otherwise.
A request that the family court judge be dispensed from stating the wrongs and grievances of the spouses in the grounds of his or her decision must be expressly and concordantly formulated in the submissions of both spouses. The family court judge confines himself or herself to finding that the facts constituting grounds for divorce exist in accordance with the Civil Code, Title “Of Divorce”, Section IV, Chapter I.
Legal separation proceedings follow the rules laid down for divorce proceedings.
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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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