Extract
[...] In fact, she committed adultery voluntarily and deliberately as soon as she maintained this relationship for nearly a year and is currently pregnant with her friend. She knew perfectly well the situation of her husband but still chose to pursue this relationship. As we have previously indicated, the serious or repeated violation arises from her duty of respect and fidelity. Finally, there is no doubt that this situation contributes to making the maintenance of the common life intolerable, given that Elisabeth constituted a precious aid in Paul's daily life, taking into account his handicap. [...]
[...] Faced with such an announcement, Paul wishes to ask for a divorce: his wife therefore agrees in principle and on the consequences of it. In fact, since the law allows it, it would be possible to consider a divorce by mutual consent. However, a difficulty arises in this case, since his accident, Paul has been placed under the guardianship of his wife due to an alteration of his physical faculties: in fact, he presents a certain vulnerability that prevents him from carrying out acts alone. [...]
[...] civil: The person who, without being incapable of acting on their own, needs, for one of the reasons provided in Article 425, to be assisted or supervised in a continuous manner in the important acts of civil life may be placed in curatelle The person who, for one of the reasons provided in Article 425, must be represented in a continuous manner in the acts of civil life, may be placed in tutelage ». II. The absence of paternity recognition in the context of adultery, amicable divorce and the question of pursuing the protective measure On Divorce In the context of marriage, spouses owe each other mutually respect, fidelity, aid, assistance » (art C. civil). In addition, 'they mutually obligate themselves to a community of life' (art C. civil). [...]
[...] Article 430 C. civil: The request for the opening of the measure may be presented to the judge by the person to be protected or, as the case may be, by their spouse, the partner with whom they have concluded a civil solidarity pact or their concubine, unless the common life has ceased between them, or by a parent or relative, a person maintaining close and stable ties with the major, or the person who exercises a legal protection measure over them ». [...]
[...] The couple has been married for 5 years and are expecting a boy who should be born shortly as Jeanne is 6 months pregnant. However, the couple is in conflict as Vincent wants their son to bear only the name of Flaubert and Jeanne wants to add her surname to it. In such a case, if the couple fails to resolve this dispute during the birth declaration to the civil registrar, Jeanne will likely report it to this registrar. In this case, their son will take both their names up to the first surname, which will be combined in alphabetical order. [...]
