The divorce agreement or judgment may be relied on as against third parties, as regards the property of the spouses, from the day on which the formalities of mention in the margin prescribed by the rules of civil status have been completed.
The divorce agreement or judgment takes effect in the relationship between the spouses, as regards their property: -when it is established by mutual consent by private-signature deed countersigned by lawyers filed with the minutes of a notary, on the date on which the agreement settling all the consequences of the divorce acquires enforceability, unless that agreement stipulates otherwise; -when it is pronounced by mutual consent in the case provided for…
Any obligation contracted by one of the spouses to the charge of the community, any alienation of common property made by one of them within the limit of his powers, subsequent to the application for divorce, shall be declared null, if it is proved that there has been fraud on the rights of the other spouse.
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…
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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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