Divorce Law and Filiation

Extract

[...] In this case, the two spouses are appealing to the same lawyer. So, the lawyer, in the hypothetical case presented to me, will not be able to defend the interests of only one of the two spouses. - Situation n°2: In the facts, Madame Lepetit and Monsieur Denis have been married for 15 years and have an 8-year-old daughter. Madame Lepetit meets Monsieur Charmant and lives her passion with him. She therefore wants to divorce because she no longer wants this marriage. [...]

[...] CASE FILE N°5: The judgment we will study is a partial cassation judgment rendered by the first civil chamber of the Court of Cassation on May The judgment is related to the question of the compensatory allowance in the form of capital or in the form of attribution of assets. In the facts, the family judge pronounced the divorce between two spouses and ordered the liquidation and sharing of their patrimonial interests. An appeal was lodged by the husband. The Court of Appeal had condemned him to a compensatory allowance of 82,500 euros attributed in the form of a common apartment that he had to leave to her. He then formulated a cassation appeal to the Court of Cassation. [...]

[...] That is to say, it annuls the condemnation of the spouse to pay the compensatory allowance in the form of attribution to the wife of the apartment. CASE PRACTICES : - Situation n°1 : In the facts, Morgane and Jérôme got married and had a 12-year-old daughter. Jérôme cheats on Morgane, but later she forgives him and they reconcile. However, they realize that their union no longer holds, they want a compensatory allowance. They agree on the payment of a compensatory allowance in the form of a rent from the husband to the wife. Can reconciliation of spouses after infidelity cancel the fault? [...]

[...] Custody will be governed by family law, however, if the father obtains custody or family housing in compensation for his wife's mistakes, she may be assigned alimony for her daughter's needs who will remain in family housing in her interest since she has always lived there. In any case, spouses must appear before the judge in the event of a judicial procedure, even if Héloïse is not capable of discernment in the eyes of the law, this is the mandatory route for contentious divorce procedures. [...]

[...] In this case, for what divorce can the spouses opt? In principle, article 229 paragraph one of the Civil Code now provides that 'spouses mutually consent to their divorce by a private document signed by lawyers, deposited with the minutes of a notary'. In this case, the spouses have agreed on the payment of a compensatory allowance and on the consequences of the divorce. So, they can proceed with a divorce by mutual consent. Two options are then possible, the judicial and extrajudicial routes. [...]