Article 237 of the French Civil Code
Divorce may be requested by either spouse when the marital bond has been definitively altered.
Home | French Legislation Articles | French Civil Code | Page 38
Divorce may be requested by either spouse when the marital bond has been definitively altered.
The definitive alteration of the marital bond results from the cessation of community of life between the spouses, where they have been living apart for one year at the time of the application for divorce. If the petitioner has brought the proceedings without stating the grounds for his or her petition, the period characterising the definitive alteration of the marital bond is assessed when the divorce is granted. However, without…
Divorce may be sought by either spouse where acts constituting a serious or repeated breach of the duties and obligations of marriage are attributable to his or her spouse and make it intolerable to continue living together.
The reconciliation of the spouses that has taken place since the alleged events prevents them from being invoked as grounds for divorce. The judge will then declare the application inadmissible. A new application may, however, be made on the basis of facts that have occurred or been discovered since the reconciliation, in which case the old facts may be recalled in support of the new application. The maintenance or temporary…
The faults of the spouse who initiated the divorce do not prevent his or her application from being examined; they may, however, remove from the facts of which he or she accuses his or her spouse the character of seriousness that would have made them grounds for divorce. These faults may also be invoked by the other spouse in support of a counterclaim for divorce. If both applications are granted,…
At the request of the spouses, the judge may confine himself or herself to stating in the grounds of the judgment that there are facts constituting grounds for divorce, without having to set out the parties’ wrongs and grievances.
If an application for definitive alteration of the marriage bond and an application for fault are made concurrently, the judge shall examine the application for fault first.
The spouses may, at any time during the proceedings: 1° Divorce by mutual consent by private-signature deed countersigned by lawyers, filed with a notary; 2° In the case provided for in 1° of Article 229-2, ask the judge to record their agreement to have the divorce by mutual consent granted by presenting him or her with an agreement settling the consequences of the divorce.
The spouses may also, at any stage of the proceedings, when divorce has been requested on the grounds of definitive alteration of the marital bond or on the grounds of fault, ask the judge to record their agreement to have divorce granted on the grounds of acceptance of the principle of the breakdown of the marriage.
If the plaintiff files for divorce on the grounds of permanent impairment of the marriage bond and the defendant counterclaims for divorce on the grounds of fault, the plaintiff may invoke the faults of his or her spouse to modify the basis of his or her claim. .
Our French business lawyers are here to help.
We offer a FREE evaluation of your case.
Call us at +33 (0) 1 84 88 31 00 or send us an email.
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
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
Resources
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
Useful links
Our French business lawyers are here to help.
We offer a FREE evaluation of your case.
Call +33 (0) 1 84 88 31 00 or send us an email.
All information exchanged through this website will be communicated to lawyers registered with a French Bar and will remain confidential.