Each of the spouses may bear, as a matter of usage, the name of the other spouse, by substitution or addition to his or her own name in the order he or she chooses, within the limit of one surname for each of them.
The provisions of this chapter, in all respects in which they do not reserve the application of matrimonial agreements, are applicable, by the sole effect of marriage, whatever the matrimonial regime of the spouses.
Marriage is dissolved: 1° By the death of one of the spouses; 2° By legally pronounced divorce.
The spouses may mutually consent to their divorce by deed under private signature countersigned by lawyers, filed with the minutes of a notary. Divorce may be granted in the event of: -either mutual consent, in the case provided for in 1° of article 229-2; -either of acceptance of the principle of the breakdown of the marriage; -either of definitive alteration of the marital bond; -either of fault.
Where the spouses agree on the breakdown of the marriage and its effects, they shall record, each assisted by a lawyer, their agreement in an agreement in the form of a private deed countersigned by their lawyers and drawn up under the conditions provided for in Article 1374. This agreement is filed with a notary, who checks that the formal requirements set out in 1° to 6° of article 229-3…
The spouses may not mutually consent to their divorce by deed under private signature countersigned by lawyers where: 1° The minor, informed by his or her parents of his or her right to be heard by the judge under the conditions provided for in Article 388-1, requests to be heard by the judge; 2° One of the spouses is placed under one of the protective regimes provided for in Chapter…
Consent to the divorce and its effects cannot be presumed. The agreement shall expressly include, on pain of nullity: 1° The surname, forenames, profession, residence, nationality, date and place of birth of each of the spouses, the date and place of marriage, as well as the same particulars, where applicable, for each of their children; 2° The name, professional address and professional practice structure of the lawyers instructed to assist…
The lawyer shall send the spouse he or she is assisting, by registered letter with acknowledgement of receipt, a draft agreement, which may not be signed, on pain of nullity, before the expiry of a period of reflection lasting fifteen days from receipt. The agreement shall be enforceable on the day it acquires date certain.
In the case provided for in 1° of article 229-2, divorce may be requested jointly by the spouses where they agree on the breakdown of the marriage and its effects by submitting for the judge’s approval an agreement settling the consequences of the divorce.
The judge homologates the agreement and pronounces the divorce if he is convinced that the will of each of the spouses is real and that their consent is free and informed. He may refuse homologation and not pronounce the divorce if he finds that the agreement insufficiently safeguards the interests of the children or of one of the spouses.
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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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