All publications by Marion Fleuret

In a ruling issued on November 30, 2022, the First Civil Chamber of the Cour de Cassation (French Supreme Court) ruled that the principle of compensatory allowance should prevail over property right, using however a careful argumentation.

In a recent decision issued on June 9, 2022, the First Civil Chamber of the Cour de Cassation (French Supreme Court) clarified the concept of spouses’ contribution to household expenses:

“The equity contribution, made by a spouse married under the separation of property regime, to finance the improvement, by way of construction, of an undivided property intended for family use, is not to be taken into account in the performance of his/her obligation to contribute to household expenses.”

A recent ruling of the Cour de Cassation (French Supreme Court) has clarified the criteria for assessing the disparity in the respective living conditions of the spouses for the purpose of determining the compensatory allowance.

The benefit granted to one of the spouses during the divorce proceedings on the basis of the duty of support between spouses should not be taken into consideration in order to dismiss a request for compensatory allowance.

Law No. 2019-222 of March 23, 2019 on the 2018-2022 Programming and Reform of the Justice System (the “Reform”) has amended the divorce process introduced by Law of May 26, 2004.

The health crisis has disrupted the legislative calendar and the entry into force of the Reform, initially planned for January 1, 2020, was then postponed to September 1, 2020, and finally did not take place until January 1, 2021.

Removing a child abroad without the permission of the other parent or in the absence of a court order can be a decision with far-reaching consequences. However, such situations are becoming increasingly frequent.

A parent may not deprive a child of his/her family environment and consequently of the presence of the other parent with impunity.

International cooperation has been organized through the adoption of bilateral or multilateral conventions to provide an efficient response to parents whose child has been abducted or retained.

The ultimate question that arises in every situation is as follows: what is in the child’s best interests?