ARTICLE
26 June 2023

The Risks Of A Divorce Pronounced Against One Spouse For Exclusive Fault

CP
CMS Pasquier Ciulla Marquet Pastor & Svara

Contributor

CMS Monaco is a leading law firm, providing local and international clients with a one-stop shop service for all their legal challenges, both in counselling and litigation. The firm was created in 2009 and is strongly anchored in the Monegasque market and well familiar with its dynamic economy. In 2017 the firm joined CMS, an organisation of independent law firms, composed of 80+ offices in 45+ countries, with over 6,000 lawyers worldwide, making it the only law firm in Monaco with such significant international reach. Today CMS Monaco is composed of 80+ professionals, including five partners (Avocats Associés Monégasques) and over 50 associates, experts in Monegasque law. The firm is structured around seven practice groups: Private Clients, Business Law, Real Estate & Construction, Employment, Banking & Finance, Tax and Criminal law. The teams regularly work together on complex cross-practice cases with high stakes for a large variety of Monegasque and international clients, such as companies of various sect
A divorce can be pronounced for fault at the request of one of the spouses under article 197 1° of the Civil Code, when the acts attributed to one of the spouses constitute...
Monaco Family and Matrimonial

A divorce can be pronounced for fault at the request of one of the spouses under article 197 1° of the Civil Code, when the acts attributed to one of the spouses constitute:

  • A serious or repeated breach of the duties and obligations of marriage making it intolerable to continue living together. For example, a breach of the duty to provide support, fidelity, assistance, or respect.

If the proof of a wrongful conduct by both spouses is established, the divorce will be pronounced for common fault against both. If the proof of a wrongful conduct of one of the spouses is established, the divorce will be pronounced against this spouse for exclusive fault.

In this case, it is important to know that this type of divorce has its own consequences for the spouse against whom the divorce is granted:

  • He or she loses all the benefits that his or her spouse had granted him or her by marriage contract or otherwise. However, the other spouse retains the benefits granted by his or her spouse, even if they had been stipulated to be reciprocal.
  • He or she is not entitled to any compensatory allowance. However, he or she may obtain compensation on an exceptional basis only if it appears manifestly contrary to equity to refuse him or her any pecuniary compensation following the divorce.
  • He or she may be condemned to pay damages under two distinct grounds of prejudice:
    (i) In compensation for the prejudice suffered by the spouse because of the dissolution of the marriage;
    (ii) In compensation for the prejudice resulting from wrongful conduct. This ground of prejudice may also be awarded in the event of a divorce pronounced for common fault against both spouses.

In a recent decision, a wife against who the divorce was pronounced for her exclusive fault was deprived of any right to compensatory allowance even though she was unemployed and had cared for the children on her own to encourage her husband's career.

It is therefore essential not to initiate divorce proceedings without first identifying and anticipating the potential risks, to adapt the claims made in consequence.

Originally published 14 June 2023.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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