France
Sources of Law
Civil Law- French family law is laid down in articles 144-487 of the Civil Code which is the primary source of family law.
Case law is also important.
For maintenance after divorce it is necessary to apply the Hague Convention 3rd October 1973.
Jurisdiction
Brussels II applies
In family matters, jurisdiction of French court is determined by the place where the family and the children live. If there is no child in the family, jurisdiction is determined by the place where the Defendant lives.
Domicile and Habitual Residence
Domicile is defined in article 102 of the Civil Code as the place where a person has his or her ‘principal establishment’.
In French law there is no domicile without actual residence (art 103).
Conflict of Law/Applicable Law to be Applied
France is the only Member State that applies a unilateral conflict-of-law rule which determines in which circumstances French law applies.
French law applies where (a) both spouses are French nationals or (b) both spouses are domiciled in France or (c) if no foreign law claims jurisdiction while French courts have jurisdiction.
Pre-Nuptial Agreements
Enforceable.
Divorce
Ground 1 Mutual consent, Ground 2 irretrievable breakdown of marriage.
Finances/Capital/Property
Community of property regime.
Pre-marital assets and inherited wealth are excluded.
Finances/Maintenance
A divorced spouse is entitled to claim maintenance from his or her former spouse:
if the spouse in need of assistance is incapacitated for work and he/attained pensionable age during the marriage;
during pregnancy and child-care until the child attains three years of age if the child was conceived during the marriage;
if the spouse in need of assistance attained pensionable age or became disabled within three years after the divorce, in case the marriage lasted for at least 25 years.
A further condition for all claims of maintenance from a former spouse is that the financial situation of the obligated divorced spouse allows for provision of maintenance.
Child Maintenance
Upon request of one of the spouses, the court shall resolve disputes relating to the child or maintenance together with the divorce.
The maintenance claim may be brought against a parent irrespective of the divorce, in case the parent fails to perform his or her duty to provide maintenance to his or her child.
Cohabitants
Cohabitation does not have the same legal consequences as marriage.
Cohabitants do not come within the Civil Code of matrimonial property regime. Any dispute about ownership is determined by the same rules those applicable to spouses who own property separately.
Civil Partnership/Gay Marriage
Pacte civile de solidarite (PACS).
Couples apply through the local civil magistrate’s court.
No financial consequences, such as the right to maintenance, attached to the end of PACS.
With thanks to Alexandre Boiché of Cabinet Véronique Chauveau, 31, rue de Poissy. 75005 Paris. France. www.droitfamille.com
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