Civil Law (Family and Succession)
Divorce, custody, maintenance, liquidation of the matrimonial property regime, inheritance division and abatement claims.
Family and succession disputes carry personal consequences alongside the legal ones. Wherever possible, our priority in this area is to reach a negotiated resolution.
What it covers
Uncontested and contested divorce, custody and contact arrangements, maintenance claims, liquidation of the matrimonial property regime, recognition and enforcement of foreign judgments; on the succession side, certificates of inheritance, renunciation, abatement and simulated transfer claims.
The matrimonial property regime
For marriages contracted after 1 January 2002 the statutory regime is participation in acquired property (Civil Code Art. 202). Each spouse holds a monetary claim over half of the other’s acquired property — not a proprietary right in the assets themselves.
The distinction matters in practice: the participation claim is not awarded automatically with the divorce judgment; it must be claimed separately. This is the most frequent source of lost entitlement in this area.
Renouncing an inheritance
Statutory and appointed heirs may renounce the inheritance. The period is three months from the date the heir learns of the death and of their status as heir (Art. 606). It is a forfeiture period and cannot be extended. Where the estate is manifestly insolvent, renunciation is presumed.
Our approach
Particularly where children are involved, the cost of protracted proceedings extends well beyond the legal outcome. We therefore assess the scope for a negotiated resolution at every stage, and where that is not possible, prepare the evidence rigorously from the outset.
Learn More
- Uncontested and contested divorce
- Custody and access
- Matrimonial property liquidation
- Inheritance division and abatement
Frequently Asked Questions
- How long does an uncontested divorce take?
- The marriage must have lasted at least one year, the spouses must apply jointly or one must accept the other’s claim, and the judge must hear the parties in person (Civil Code Art. 166/3). Where the protocol is complete, the process is usually concluded in a single hearing.
- Is property division decided together with the divorce?
- No. The participation claim and liquidation of the matrimonial property regime must be claimed separately; they are not awarded automatically with the divorce judgment. The claim may be brought together with the divorce action but is decided after the divorce becomes final.
- What is the deadline for renouncing an inheritance?
- Three months from the date the heir learns of the death and of their status as heir, by application to the civil court of peace (Art. 606). The period is one of forfeiture; once missed, the inheritance is deemed accepted unconditionally.
The information on this page is for general information only and does not constitute legal advice. Legislation and case law change; your situation must be assessed on its own facts.