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Divorce for acceptance of marriage breakdown

divorce marriage breakdown

What is divorce for acceptance of marriage breakdown?

Divorce can be claimed by either or both the spouses when they accept the principle of marriage.

Procedure:

This procedure makes it possible not to mention the reasons for the divorce.
It is organized around 4 stages:

  • The petition for divorce
  • The conciliation attempt hearing
  • Assignment in divorce on the basis of acceptance of marriage breakdown
  • The judgement in divorce


Criteria to estimate the compensatory allowance

The judge takes into consideration in particular:

  • the duration of the marriage;
  • the age and state of health of the spouses;
  • their qualifications and their professional situations;
  • the consequences of the professional choices made by one of the spouses during the joint life for the education of the children or to favour the career of his/her spouse to the detriment of hers/his and the time that will be necessary to devote to it;
  • the estimated or foreseeable wealth of the spouses, both in capital and in income, after the end of the matrimonial regime;
  • their existing and foreseeable rights;
  • their respective retirement pension situation after having estimated, as far as possible, the reduction in pension rights which may have been caused, for the creditor spouse of the compensatory allowance, by the circumstances referred to in the sixth paragraph. (Article 271 of the Civil Code)