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Can one prevent one's husband from spending too much?

Verified 26 February 2020 - Directorate of Legal and Administrative Information (Prime Minister), Ministry of Justice

Yes, at the request of one of the spouses, the Family Court Judge (Jaf) may prescribe any urgent measures if the expenses result in any of the following:.

  • The spouse seriously fails in his duties (in case of non-compliance with the emergency duty)
  • The husband jeopardizes the interests of the family. This is the case, for example, if the expenditure is clearly excessive in relation to the household's lifestyle and would damage its patrimony.

The JAF: titleContent may, in particular, prohibit one of the spouses from doing so without the consent of the other disposition on its own property (furniture or real) or those of the couple.

The judge may also prohibit one of the spouses from incurring debts alone or selling property alone, in the event of addiction, in particular:

This ban must be limited in time. It may not cover a period exceeding 3 years (including extension).

The judge may also intervene in case of excessive behavior to engage in consumer creditat the risk of overindebtedness..

As a reminder, once the spouses have fulfilled their contribution to marriage, everyone may freely pursue a profession, collect and dispose of his earnings and wages. This obligation is valid regardless of the matrimonial regime adopted.

To enter JAF: titleContent we have to send him a letter. It must indicate the name, first name, date and place of birth, address and the other spouse's address and the reason for the request.

The application is to be filed with the court office of the couple's place of residence:

  • or by visiting the place
  • by sending it by registered letter with acknowledgement of receipt.

During the proceedings the presence of a lawyer is not compulsory.

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