Subject to the provisions of this section, the consequences of legal separation shall be governed by the same rules as the consequences of divorce set out in Chapter III above.
Voluntary resumption of cohabitation puts an end to legal separation. To be enforceable against third parties, it must either be recorded in a notarial deed or be the subject of a declaration to the civil registrar. A mention of this is made in the margin of the marriage certificate of the spouses, as well as in the margin of their birth certificates. The separation of property subsists unless the spouses…
At the request of one of the spouses, a judgment of legal separation is converted ipso jure into a judgment of divorce when the legal separation has lasted two years.
In all cases of legal separation, this may be converted into divorce by mutual consent. In the case of legal separation by mutual consent, conversion into divorce may only take place by mutual consent.
As a result of the conversion, the cause of the legal separation becomes the cause of the divorce; the attribution of wrongs is not altered. The judge determines the consequences of the divorce. Benefits and pensions between spouses are determined according to the rules specific to divorce.
Divorce and legal separation are governed by French law: – where both spouses are of French nationality; – where both spouses are domiciled on French territory; – where no foreign law recognises jurisdiction, whereas the French courts have jurisdiction to hear divorce or legal separation.
Filiation is legally established, under the conditions laid down in Chapter II of this Title, by operation of law, by voluntary recognition or by possession of status established by an act of notoriety as well as, under the conditions laid down in Chapter V of this Title, by joint recognition. It may also be established by judgment under the conditions laid down in Chapter III of this Title.
If there exists between the father and mother of the child any of the impediments to marriage provided for by articles 161 and 162 on the grounds of parentage, parentage having already been established in respect of one, it is prohibited to establish parentage in respect of the other by any means whatsoever.
Parentage is proved by the child’s birth certificate, by the acknowledgement certificate or by the notoriety certificate establishing possession of status. If an action is brought pursuant to Chapter III of this Title, parentage is proved and contested by any means, subject to the admissibility of the action.
The law presumes that the child was conceived during the period extending from the three hundredth to the one hundred and eightieth day, inclusive, before the date of birth. Conception is presumed to have taken place at any time during this period, according to what is required in the interest of the child. Evidence to the contrary is admissible to rebut these presumptions.
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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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