Separation from bed and board always entails separation from property. As regards property, the date on which legal separation takes effect is determined in accordance with the provisions of articles 262 to 262-2.
The legal separation leaves the duty of support intact; the judgment pronouncing it or a subsequent judgment sets the alimony that is due to the needy spouse. Alimony may also be provided for in the agreement for legal separation by mutual consent. This alimony is awarded regardless of fault. The debtor spouse may nevertheless invoke, where appropriate, the provisions of article 207, paragraph 2. This alimony is subject to the…
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.
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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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