The spouse initiating the divorce proceedings may state the grounds for his or her claim if it is based on acceptance of the principle of the marriage breakdown or the definitive alteration of the marriage bond. Outside these two cases, the grounds for the application must be set out in the first submissions on the merits.
The application initiating proceedings shall include a reminder of the provisions relating to: 1° mediation in family matters and participative proceedings; 2° Approval of partial or full agreements between the parties on the arrangements for exercising parental authority and the consequences of divorce. It also includes, on pain of inadmissibility, a proposal for the settlement of the spouses’ pecuniary and property interests.
When he finally dismisses the divorce application, the judge may rule on the contribution to the marriage expenses, the residence of the family and the terms of the exercise of parental authority.
The judge shall, at the outset of the proceedings, unless the parties or the sole constituted party waive this, hold a hearing at the end of which he shall take the necessary measures to ensure the existence of the spouses and children from the filing of the application for divorce to the date on which the judgment becomes res judicata, taking into consideration any agreements of the spouses.
The judge may in particular: 1° Propose a mediation measure to the spouses, unless violence is alleged by one of the spouses against the other spouse or against the child, or unless one of the spouses has a clear hold over his or her spouse, and, after obtaining their agreement, appoint a family mediator to carry it out ; 2° Enjoin the spouses, unless violence is alleged by one of…
Provisional measures relating to children shall be governed by the provisions of Chapter I of Title IX of this Book.
Facts invoked as grounds for divorce or as defences to a claim may be established by any mode of proof, including confession. However, descendants may never be heard on the grievances raised by the spouses.
A spouse may not introduce into the proceedings evidence obtained by violence or fraud.
Statements of facts drawn up at the request of a spouse shall be excluded from the proceedings if there has been an infringement of the home or an unlawful invasion of privacy.
The spouses must communicate with each other and with the judge, as well as with the experts and other persons designated by the judge pursuant to 9° and 10° of Article 255, all information and documents useful for determining benefits and pensions and liquidating the matrimonial property regime. The judge may make any useful enquiries of debtors or those who hold assets on behalf of the spouses without professional secrecy…
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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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