Grounds for Divorce under French Law

According to Article 229 of the French Civil Code, there are four grounds for divorce:

– Divorce by mutual consent: when the spouses have reached an agreement both on the principle of the breakdown of their marriage and the financial and personal consequences of their divorce.

Since January 1, 2017, such a divorce must be registered before a notary and the Family Judge no longer has jurisdiction to homologate the Divorce agreements.

– Divorce by acceptance: when the spouses both agree on the breakdown of the marriage and do not which to argue on the motives of the divorce, while failing to agree on all the financial and personal consequences of their divorce.

– Divorce for alteration of the bond of marriage: when the spouses have been living apart for at least two years when filing for divorce.

According to French Divorce procedural requirements, a spouse must first submit a divorce petition in which interim measures are requested. In the Interim measure Order (Ordonnance de non-conciliation), the spouses are authorized to file a divorce application. The two years separation period is calculated on the date of the divorce application.

– Divorce for fault. According to Article 242 of the French Civil Code, the divorce may be requested by one of the spouses when the other repeatedly or seriously violated duties and obligations of the marriage in such a way, that enduring married life has become intolerable.

The aforementioned article mentions two conditions which must necessarily be satisfied (Civ 2, 20 April 1989, Bull Civ II, No. 91):

– The existence of a serious and renewed violation of the duties and obligations of the marriage by one of the spouses, and

– Enduring married life has become intolerable because of this violation.

These duties and obligations of the marriage are listed on articles 203, 212, 213 and 215 of the French Civil Code:

– Article 203: The obligation of supporting, maintaining and educating their children.

– Article 212: Duties of fidelity, support and assistance.

– Article 213: Spouses assume together the moral and the material direction of the family. They provide for the education of their children and prepare their future.

– Article 215: Spouses mutually oblige themselves to live together.

There is a lot of case law on what constitutes a serious or renewed violation of the duties and obligations of marriage. Without claiming in any way to be exhaustive, it will be noted that constitutes such a violation:

o The existence of an extramarital relationship;

o The refusal of one of the spouses to resume the life together (Civ 1, 11 January 2005, Bull Civ I, No. 12);

o The lack of care or attention to a child;

o Encourage children to be disrespectful toward the other parent (CA Limoges, October 21, 1993, n ° 1819/92)