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Separation
Divorce: can producing a deceptive honor certificate be punished?
Publié le null - Directorate for Legal and Administrative Information (Prime Minister)
In the context of divorce proceedings, the Civil Code provides that spouses provide the judge with a declaration on the honor of his resources, income, assets and living conditions. They must be able to justify its content. But what is the legal value of this statement and what are the penalties for misrepresentation? That is the question asked by a member of the Department of Justice.
In its response published on June 30, 2020, the department noted that the declaration of honor is an important piece of work when a claim for a compensatory benefit has been made. However, according to the case law, if this certification is not provided, the application remains admissible. The spouse who did not produce it or the spouse who did not claim it cannot accuse the other of harming his or her interests because he or she is not doing so. It is up to each spouse assisted by his or her lawyer to demand this document from the other. The judge may also order the production of that evidence.
Finally, if this statement proves to be untrue, it is possible to appeal for a review of the judgment as provided for in article 595 of the Code of Civil Procedure. In addition, article 441-7 of the Penal Code provides for one year in prison and €15,000 of fine for the issuing of a certificate or certificate stating facts which are materially inaccurate.
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