Section 1: General provisions

Debates on the cause, consequences of the divorce and provisional measures are not public.

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.