Contribution to the expenses of marriage
Verified 04 June 2024 - Directorate for Legal and Administrative Information (Prime Minister)
Are you married and want to know your financial obligations? Each spouse must contribute according to his or her financial means. If your spouse doesn't pay his or her share, you can force him or her to pay. You must turn to the Family Affairs Judge (Jaf) and apply for a contribution to the marriage expenses. We present you with the information you need to know.
Marriage expenses include all everyday expenses what it means to live together.
They include, inter alia:
- Accommodation
- Food
- Health
- Education of children
- Clothing
- Transport
- Recreational expenses.
Please note
Contribution to expenses is not a duty of care to your spouse. It is about the expenses of the household.
Each of you two must contribute at the expense of the marriage.
You can agree on the allocation (for example, by marriage contract).
In the absence of any other choice, you must contribute based on your respective revenues.
Example :
If your monthly salary is €3,000 and your spouse's €1,500, you must contribute 2/3 of the marriage expenses. And your husband or wife for a third.
FYI
The obligation persists if you're de facto separated.
The contribution can be made in cash.
It can also take other forms (e.g. family duties for a stay-at-home parent, provision of housing by the sole owner spouse).
Reimbursement of a borrowing subscribed to finance the acquisition, construction or maintenance of your family home falls under the marriage charge.
This is also the case for expenses related to the acquisition of a secondary residence.
Amicable approach
Before you turn to the judge, you should try to reach an amicable agreement with your spouse.
For example, you can send an e-mail inviting him to chat or use a family mediator.
Legal proceedings
If your spouse does not or does not contribute sufficiently to the costs of the marriage, you can ask to the family court judge to compel him to do so.
The use of a lawyer is not required.
You must file your application with the Registry of the Judicial Tribunal.
You can choose one of the following courts:
- Place of your residence (on the day of your request)
- Place where your spouse resides in the event of separation.
You can submit your application by one of the following means:
- On the spot
- By mail RAR: titleContent.
Who shall I contact
You must use the application form of contribution to the expenses of marriage:
Application for a contribution to the expenses of marriage
It is up to you to bring evidence of the situation and set the amount of your claim.
You must contact obligatory at your request the following documents:
- Full copy of your birth certificate (less than 3 months old)
- Full copies of your common dependent children's birth certificates (less than 3 months old)
- Full copy of your marriage certificate or a copy of your family record book
- Copy of your identity document (national identity card, passport, etc.)
- A copy of any court decision related to your application (e.g., judgment of the Children's Judge).
Depending on your request, you must also attach the following documents:
- Proof of domicile (rent receipt, electricity bill, etc.)
- Copies of your last tax notice and income tax return
- Copy of your last 3 salary slips
- Proof of the social benefits you receive
- Proof of your expenses and resources (e.g. tuition, medical bills, etc.).
Depending on your situation, other documents may be requested by the judge.
Procedure before the judge
You are called in by mail RAR: titleContent at a Jaf hearing.
All two of you must introduce yourself in person, whether or not assisted by a lawyer.
You must explain yourself before the judge (oral proceedings).
In the absence of one of the spouses, the judge may one of the following decisions :
- Do not review the matter and postpone it
- Judge with only the elements brought by the person present.
If your spouse does not fulfill his or her obligation to contribute to the expenses of the marriage, the judge determines the amount of his or her contribution (usually in the form of maintenance).
The judgment shall be indicated to him by act of commissioner of justice (formerly bailiff and judicial auctioneer).
FYI
if you want a lawyer and your resources are limited, you can benefit from a legal aidunder certain conditions.
Difficulty in paying the contribution
If your spouse does not pay the contribution imposed by the judge, you have several means of obtaining payment.
If you use a Commissioner of Justice to get a direct payment, the costs are borne by your spouse.
Challenge of the judgment
A spouse can challenge the judge's decision.
The rules vary depending on whether or not he was present before the judge.
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The husband was present before the judge
The husband was convicted in his absence
He can to oppose the judgment.
He shall have a period of one month from the day on which he was personally notified of the judgment.
He has to send an email RAR: titleContent at the registry of the tribunal.
Who shall I contact
If there is a change in your respective situations, the contribution amount may be changed (up or down) or deleted.
In case of disagreement, you must send a request to Jaf: titleContent specifying the changes that have taken place (e.g. job loss).
Attach a copy of the previous court decision, as well as supporting documents for the changes.
You must use the following application form:
Application for a contribution to the expenses of marriage
Who shall I contact
You must contact obligatory at your request the following documents:
- Full copy of your birth certificate (less than 3 months old)
- Full copies of your common dependent children's birth certificates (less than 3 months old)
- Full copy of your marriage certificate or a copy of your family record book
- Copy of your identity document (national identity card, passport, etc.)
- A copy of any court decision related to your application (e.g., Children's Judge's judgment)
Depending on your request, you must also attach the following documents:
- Proof of domicile (rent receipt, electricity bill, etc.)
- Copies of your last tax notice and income tax return
- Copy of your last 3 salary slips
- Proof of the social benefits you receive
- Justifications for changes in your situation that explain your request
- Supporting documents for your expenses and resources (tuition, medical bills, etc.)
Depending on your situation, other documents may be requested by the judge.
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.
Attention: the service does not have access to users' personal files and cannot therefore provide information on their status.
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The informants who answer you are from the Department of Justice.
- Legal permanence
Duties and respective rights of spouses
Jurisdiction of the family judge