Separation of concubines
Verified 17 November 2022 - Directorate for Legal and Administrative Information (Prime Minister)
If you live in a common-law relationship, you can separate freely.
Out of court
Free union implies free rupture. Each of you 2 cohabins can, at any time, take back his freedom.
If you both accept the break and its consequences, no rules are imposed on you.
For all that is common, you need to organize your separation in the following areas:
- Physical goods (furniture distribution, car)
- Family (child care or residence)
- Wealth (sale of real estate)
The break-up can be done without the intervention of a judge.
Disagreement
Fate of the children
If you have children in common, you can refer the following issues to the Family Court Judge (Jaf):
You must seize the Jaf. You can use the following form:
Application to the family judge (parental authority, right of access, maintenance...)
The use of a lawyer is not mandatory.
Who shall I contact
Abusive rupture
Breaking up a cohabitation is not a mistake.
However, the fault may arise from the circumstances of the break-up, for example because of its brutality.
If you've been harmed, you have to prove fault.
In the event of an unreasonable breach, compensation may be awarded to you by court order.
You must to bring proceedings before the court of justice.
Enrichment of a cohabiting partner
If you worked for your unpaid partner, he got rich at your expense.
You can apply for compensation.
It will be based on unjustified enrichment.
Who can help me?
Find who can answer your questions in your region
Telephone administrative information - Allo Public Service
The informants who answer you are from the Department of Justice.
Cost: free service
Service available at the following times:
- Monday: 8.30am to 5.30pm
- Tuesday: 8:30 to 12:15
- Wednesday: 8:30 to 12:15
- Thursday: 8.30am to 5.30pm
- Friday: 1 p.m. to 4:15 p.m
- Lundi : de 08h30 à 17h30
- Mardi : de 08h30 à 12h15
- Mercredi : de 08h30 à 12h15
- Jeudi : de 08h30 à 17h30
- Vendredi : de 13h00 à 16h15
Family Court Judge
Exercise of parental authority by separated parents
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