Can one prevent one’s spouse from making reckless expenditures?

Verified 16 January 2023 - Directorate for Legal and Administrative Information (Prime Minister)

Is your husband or wife spending money recklessly and you want to protect your family's heritage? You can take legal action if the expenses are clearly unreasonable. You can also decide to divorce.

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You want to stay married

You can only take legal action if the expenses jeopardize your family's assets.

One of the things you have to look at when you look at some of the expenses as obviously excessive is the lifestyle and the utility of the expenses.

FYI  

Each of you 2 is free to receive and dispose of his earnings and wages, provided that to contribute to the costs of marriage. Each of you 2 can also spend money on a joint account, as long as you don't jeopardize your family's interests.

At your request, the Family Court Judge (Jaf) may prescribe any urgent measures.

It may take action in the following cases:

  • Your spouse is in serious breach of his or her duties (for example, in case of non-compliance with his or her duty of care)
  • He or she is jeopardizing your family's interests

The judge can intervene if your spouse engages excessively in consumer credit, at the risk of over-indebtedness.

The JAF: titleContent may prohibit your spouse from making, without your consent, acts of disposition on the following items:

  • Its own property (furniture or real estate)
  • Your couple's property

The judge can prohibit your spouse from emptying a bank account or selling real estate alone, especially in the following cases of addiction:

This prohibition must be limited in time.

The term shall be fixed by the court, but may not exceed 3 years (including any extension).

To enter the JAF: titleContent, you must send a letter to him.

You and your spouse must indicate the following:

  • Surname and first name
  • Date and place of birth
  • Address

You must specify the reason for your request.

You must also attach copies of supporting documents that are relevant to your application.

You must file your application with the registry office of the court of your couple's place of residence in one of the following ways:

  • On the spot
  • Mail RAR: titleContent

Please note

If you are separated, the competent court is the court of your husband's residence, which spends indiscriminately.

The assistance of a lawyer is not mandatory.

Who shall I contact

You can inquire at a place of access to the right.

Who shall I contact

You want a divorce

You can to apply for divorce before a judge.

You must take a lawyer to the Family Court Judge.

Who shall I contact

You can ask the judge to take interim measures to protect family heritage, at the orientation hearing. It is intended to guide the issue and to set a timetable.

Who can help me?

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