Contested divorce: contested divorce lawyer

In France, the irretrievable breakdown of a marriage divorce is a ground often used.

Spouses chose this type of divorce when they agree with the divorce but can’t come to an agreement on the terms.

According to the article 233 of the French civil code,

“Spouses can jointly request to divorce for irretrievable breakdown of a marriage without considering the grounds”.

A join or sole application can be filed when both spouses agreed on this type of divorce through a private agreement endorsed by lawyers. This agreement can be drafted prior to the beginning of the legal proceedings.

Spouses can agree to this agreement at any time during the legal proceedings.

This agreement can not be revoked even through the appeal process.

There are several conditions for such a ground.

• A sole application or join application can be filed.
• Regarding the French civil law article 1124, “the family law judge grants the divorce based on both spouses’ agreement”. Wanting to divorce without considering any other ground is the basement of this type of divorce.
• This agreement can not be revoked. Regarding the French civil Law, article 233, spouses can’t go back. If you have any concern about getting a divorce for irretrievable breakdown of marriage ground, you shouldn’t sign off the deed.
• The family law judge will agree on such a ground if the spouses are completely aware on the T&Cs and if it’s abuse and pressures free.
• The agreement must be provided either within 6 months before the beginning of the proceedings or during the legal process as per article 1123-1 of the French Civil law.
• A deed must be provided for the application to this type of divorce signed off by a lawyer. Spouses must seek for their own lawyer to get a complete and full understanding of such a ground.

Yes!

Regarding the French civil law, article 249, an adult with a guardianship order can file a sole application for such a ground.

In the United Kingdom, the term “irretrievable breakdown of marriage” is a legal concept used as a ground for divorce. It is the sole ground for divorce in England, Wales, and Northern Ireland. In Scotland, there are different grounds for divorce, and the concept is referred to as the irretrievable breakdown of the marriage. Here’s how it typically works in England, Wales, and Northern Ireland:

To obtain a divorce, one must prove that the marriage has irretrievably broken down. This can be demonstrated through one of five facts:

• Adultery: If one spouse has committed adultery and the other finds it intolerable to live together.
• Unreasonable Behaviour: If one spouse has behaved in such a way that the other cannot reasonably be expected to live with them. This could include physical or emotional abuse, for example.
• Desertion: If one spouse has deserted the other for a continuous period of at least two years.
• Two Years’ Separation with Consent: If the spouses have lived apart for a continuous period of at least two years, and both agree to the divorce.
• Five Years’ Separation: If the spouses have lived apart for a continuous period of at least five years, regardless of whether both agree to the divorce.

The term “irretrievable breakdown” is a broad concept that encompasses these specific grounds for divorce. It reflects the idea that the marriage has broken down to such an extent that it cannot be repaired, and divorce is the only reasonable option.

It’s not common to seek for a fault-divorce in France.

A fault-divorce is used in the event of serious misconduct by one of the spouses and living together becomes impossible.

1^st ground: marital responsibilities breach

According to the article 212 of the French civil Law, spouses must love each other, protect each other, respect each other and be faithful to each other.

• Being faithful regarding the French law means you can’t have an affair with someone else. Being unfaithful regarding French law includes passionate emails, kisses, lovers’ intimate behaviour.

Subscribing to a dating website (Tinder, Glleden, Happ’n, Badoo, Meetic, Attractive world, DisonsDemain….) is considered as a ground (Lyon Court of Justice, 7 February 2011, RG no 09/06238).

However, being unfaithful tends not to be considered as a ground. Since 1975, adultery is not a criminal offence anymore. Donation in an adultery relationship is not considered as a violation of moral values.

• Cohabitation responsibilities (article 215 French Civil Law) :

This responsibility involves 2 things :

1. Having sexual relationship with your partner: refusing sexual relationships with your partner may be considered as a ground.

This marital obligation, which has faced criticism from feminist groups, is subject to two conditions. Firstly, eliminating the presumption of consent in the context of sexual relationships between spouses allows for the recognition of spousal rape. Secondly, the marital duty is over when a spouse, due to illness, is incapable of engaging in sexual relationships with their partner.

2. Cohabitation responsibility:

In France, marriage is a living together agreement.  The spouse who leaves the family home or a partner who doesn’t want to follow the other is a breach of this agreement.

Desertion is a ground for a fault divorce. If your partner left the family home against your wishes with no good reason, you could report it to the police, involves a bailiff or get witnesses statements.

• Help and support responsibility:

You have to provide help and support to your partner whether they are sick, disabled or going through hard times. If your partner is in hospital and you don’t come to visit, this is a breach of help and support responsibility. Not helping and supporting your partner leads to a fault-divorce (Pau, 18 Jan. 1999, no 96002937).

• Maintenance responsibility:

Each spouse shall contribute to the family expenses according to their earnings. If a spouse earns more than the other, they will have to contribute more to the family expenses. This is also true when you separate. Refusing to contribute to the family expenses is a breach and leads to a fault divorce according to the article 242 of the French civil law (Civ. 2^nd, 7 Nov. 1962, Bull, civ. II, no 699).

• Respect responsibility:

Preventing abuse within a couple, this responsibility has been added to the marriage law. Despite any legal definition, this involves respecting your partner’s moral values, ideas, politics or religious opinions.

2^nd ground: marriage responsibilities violation falls to the spouse who continuously breaches them and living together becomes impossible.

• If a spouse is not free or has mental health issues, they won’t be responsible for those breaches.

Since 1995, the Supreme Court considers that the violation of responsibilities can be either serious or repeated.

The misconduct of a spouse involves the other too. Sometimes a misconduct is due to the other’s misbehaviour. However, this misbehaviour can’t lead to domestic abuse.

• Living together becomes unbearable due to a spouse’s fault. It does not take timing into account. After a separation or even during the divorce proceeding a breach is a breach.

Family law judges evaluate the breach. Adultery after a separation or during and at the beginning of a fault divorce proceeding is a breach and sometimes not….

• Finally the last reason is the spouses can’t come back together

According the French civil law, article 244, spouses who get back together after the beginning of a fault-divorce proceeding cannot mention the breaches as grounds for divorce.

Getting back together involves 2 conditions: getting back together and sharing assets and belongings and a wish to forgive. Also, this French civil law article mentions that getting back together only for a certain period of time such as holiday with the children is not taken into account.

Spouses seek for a no-fault divorce in 2 cases:

• A spouse who doesn’t want to divorce.
• The no-fault divorce is chosen to avoid a fault divorce.