Separation of concubines
Verified 06 June 2024 - Directorate for Legal and Administrative Information (Prime Minister)
Do you live in a common-law relationship and want to separate, by mutual agreement or on your own initiative? You can separate freely and agree on all the consequences of your separation. In case of disagreement, especially if you have children in common, it is possible to turn to mediator or, in case of failure, to the judge.
Out of court
Free union implies the free break.
Each of you 2 can, at any time, take back your 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).
FYI
Check your common documents (deed of ownership, loan subscription, etc.) for the rules that apply in case of separation.
Your property is either personal (acquired by a single concubine) or undivided (acquired jointly by the 2 concubines).
At the time of the break-up, everyone takes back their personal property. Undivided property is shared.
It is up to everyone to prove their property.
If you wish, you can write a letter setting out your agreements (agreement).
The breakdown can therefore be made without the intervention of a judge.
Disagreement
The rule depends on the subject of your disagreement.
Fate of the children
In case of disagreement, you have every interest in turning to a family mediator to find a common solution.
Who shall I contact
If the disagreement persists, 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
Ownership of property
Your property is either personal (acquired by a single concubine) or undivided (acquired jointly by the 2 concubines).
At the time of the break-up, everyone takes back their personal property. Undivided property is shared.
In case of difficulty, it is up to everyone to prove their property.
In case of persistent disagreement, you can address you to the court of law.
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 have been harmed, you must prove fault.
In the event of an unreasonable breach, compensation may be awarded to you by court order.
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.
You must prove the elements following:
- Your impoverishment
- The unjustified enrichment of your partner.
Who can help me?
Find who can answer your questions in your region
Telephone administrative information - Allo Public Service
For more information on this topic, you can contact Allô Service Public.
Cost: free service
The informants who answer you are from the Department of Justice.
Attention: the service does not have access to users' personal files and cannot therefore provide information on their status.
The service is available at the following times:
- 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
Unjustified enrichment
FAQ
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