Divorce for Fault: Grounds and Implications Under French Civil Code
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Divorce for fault, Civil Code Article 242, infidelity, concubinage, de facto union, Article 515-8 Civil Code, separation, divorce request, Article 238 Civil Code, damages, moral damage, material damage, community of life, cohabitation, Article 215 Civil Code, consent, marriage validity, mental insanity, adultery, duty of fidelity, Article 212 Civil Code, separate domicile, breakdown of concubinage, prejudice, causal link, Article 1240 Civil Code, household debts, Article 220 Civil Code, counterclaim, Article 245 Civil Code, French law, family law, jurisprudence, Court of Cassation
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Abstract
Understanding Divorce and Concubinage under French Law: Grounds, Implications, and Legal Precedents. Discover the intricacies of divorce and concubinage as outlined in the French Civil Code, including the legal implications of fault-based divorce, the breakdown of concubinage, and relevant case practices that shape the legal landscape. Learn about the conditions under which a spouse can request a divorce for fault, the concept of concubinage and its legal implications, and the potential for prejudice and damages resulting from its breakdown. Explore key articles of the Civil Code and significant jurisprudence that inform these complex areas of family law.
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[...] The burden of proof will weigh on the plaintiff and the qualification of the abusive breakdown will be at the discretion of the judge. Breakdown of concubinage leading to loss of domicile: As explained above, the breakdown of concubinage is free, the abandoned concubine will only have the action for brutal and abusive breakdown of concubinage to hope to obtain a financial compensation. Regarding the domicile, if the concubine is the owner of the housing, she can act as she wishes. [...]
[...] In fact, the creditor could invoke the theory of appearance, but this is controversial in the matter of concubinage. The jurisprudence admits that as soon as the concubines give the appearance of being a married couple, creditors can rely on Article 220 of the Civil Code concerning the solidarity in the payment of the household debts, while concubinage is excluded from its field of application. The theory of appearance is subject to four conditions which are: a legitimate belief of the third party, an excusable error of the third party, a situation contrary to reality, imputability of the appearance to the true holder. [...]
[...] Thus, mental insanity is akin to a mental disorder depriving the person affected of discernment. If she manages to prove this, the judge may declare the marriage null for lack of consent, in this sense a jurisprudence was rendered by the Court of Cassation, on May 28, 1980. Another jurisprudence, of the Court of Cassation, dated May stated that: « The judges at first instance, appraising sovereignly the value of the testimonies produced and the medical expertise submitted to the debates, without inverting the burden of proof, estimated that Xavier X. [...]
[...] In fact, the community of life, as per Article 215 of the Civil Code, also includes the community of bed. Thus, the Court of Appeal of Aix-en-Provence, on May pronounced a divorce at the exclusive fault of the guilty spouse. On the other hand, spreading this rumor can also be a ground for divorce due to fault at the initiative of the spouse who is the subject of the said rumor. In fact, it is a sufficiently serious violation of the duty of respect as per Article 212 of the Civil Code. [...]
[...] 1 Articles 220; 515-8 and 1240 of the Civil Code. Issues raised: Potential prejudice resulting from the abandonment of the common home in the context of a concubinage for abandonment of career In accordance with Article 515-8 of the Civil Code, concubinage is simply a de facto union characterized, in particular, by a common life presenting a character of stability and continuity between the concubines. Consequently, there is no obligation of community of life in concubinage, which simply allows to determine or not the concubinage. [...]
