Article 1129 of the French Code of civil procedure
November 7, 2023
Legal separation proceedings follow the rules laid down for divorce proceedings.
Legal separation proceedings follow the rules laid down for divorce proceedings.
The declaration of resumption of cohabitation is entered in the margin of the marriage certificate and the birth certificate of each of the spouses. The same entries are made at the request of the notary who drew up the deed recording the resumption of cohabitation.
Unless the legal separation has been pronounced by mutual consent, the application for conversion shall be lodged, investigated and judged in accordance with the ordinary written procedure. No counterclaim is admissible, except on the consequences of the divorce.
In the event of legal separation by mutual consent, and where a minor applies to be heard by the judge, the application for conversion to divorce by mutual consent based on article 230 of the Civil Code shall contain, on pain of inadmissibility, the particulars required by article 1090, an indication of the decision that pronounced the legal separation, and is accompanied by an agreement on the consequences of the…
In the case provided for in the preceding article, the judge may not hear the spouses and simply examine the agreement with their lawyer. If there are no difficulties, he shall homologate the agreement and pronounce the divorce. Otherwise he may, without further formality, ask the spouses to present the petition again within one month, after amending the agreement; if this request is not complied with, the judge issues an…
The order may be appealed within fifteen days of the decision. The appeal is lodged, investigated and judged according to the rules applicable to non-contentious matters.
The investigation of the case and the hearing of the spouses are limited, in any event, to the effects of the decision.
The costs of the conversion proceedings shall be apportioned in the same way as those of the legal separation proceedings. The costs relating to the appeal proceedings shall be treated as those of new proceedings.
Applications relating to the operation of matrimonial property regimes and indivisions between persons bound by a civil solidarity pact or between cohabitees, as well as those relating to the liquidation and division of the property interests of spouses, persons bound by a civil solidarity pact and cohabitees falling within the jurisdiction of the family court, are governed by the rules of ordinary written procedure applicable before the judicial court. Hearings…
The provisions of Section VI of Chapter II of Title III of Book III are, subject to the provisions of Article 267 of the Civil Code, applicable to the division of the property interests of spouses, persons bound by a civil solidarity pact and cohabitees. For the purposes of the partition of the community, the family court hears the procedure for the affixing of seals and the descriptive statement defined…
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182, rue de Rivoli
75001, Paris France
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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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