Article 263 of the French Civil Code
November 8, 2023
If the divorced spouses wish to enter into another union with each other, a new marriage celebration is required.
If the divorced spouses wish to enter into another union with each other, a new marriage celebration is required.
Following a divorce, each of the spouses loses the use of his or her spouse’s name. One of the spouses may nevertheless retain the use of the other’s name, either with the other’s agreement or with the authorisation of the judge, if he or she can demonstrate a particular interest for himself or herself or for the children.
Divorce has no effect on matrimonial benefits that take effect during the marriage and on gifts of present property whatever their form. Divorce automatically revokes matrimonial benefits that take effect only on dissolution of the matrimonial property regime or on the death of one of the spouses and dispositions mortis causa, granted by one spouse to his or her spouse by marriage contract or during the union, unless the spouse…
Divorce does not affect the rights that either spouse has under the law or under agreements with third parties.
The spouses may, during the divorce proceedings, enter into any agreements for the liquidation and division of their matrimonial property regime. Where the liquidation relates to property subject to land registration, the agreement must be entered into by notarial deed.
Without prejudice to the application of article 270, damages may be awarded to a spouse to compensate for the particularly serious consequences he or she suffers as a result of the dissolution of the marriage either where he or she was a defendant to a divorce granted on the grounds of definitive alteration of the marital bond and had not himself or herself filed for divorce, or where the divorce…
Failing a conventional settlement by the spouses, the judge shall rule on their applications to remain in joint ownership, for preferential allotment and for an advance on a share of the community or undivided property. He shall rule on applications for the liquidation and division of property interests, under the conditions laid down in Articles 1361 to 1378 of the Code of Civil Procedure, if it is justified by any…
During the proceedings, the spouses may submit to the judge for approval agreements settling all or part of the consequences of the divorce. The judge, after checking that the interests of each of the spouses and of the children are preserved, approves the agreements by pronouncing the divorce.
Divorce puts an end to the duty of support between spouses. One spouse may be required to pay the other a benefit intended to compensate, as far as possible, for the disparity that the breakdown of the marriage creates in the respective living conditions. This benefit is a lump sum. It takes the form of a lump sum, the amount of which is set by the judge. However, the judge…
Compensatory allowance is set according to the needs of the spouse to whom it is paid and the resources of the other, taking into account the situation at the time of the divorce and how it will change in the foreseeable future. To this end, the judge shall take into account in particular: – the duration of the marriage; – the age and state of health of the spouses; –…
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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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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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