Divorce Lawyers in Monaco
Our expertise, roles and actions in the context of divorce law?
Our firm in Monaco specializes in family law. In particular, it is responsible for representing and advising people in divorce situations.
Family law is a branch of law that governs relations between family members and concerns in particular marriages, divorces, division of property, permits to leave the territory...
The role of our divorce lawyers in Monaco is to represent and advise people in divorce situations in their legal proceedings. He assisted his clients during conciliation, mediation or judgment hearings and helped them draft divorce deeds and settle various disputes related to separation (division of property, alimony, visitation rights, etc).
Our divorce lawyers in Monaco listen to our clients and support them throughout the process. They find solutions adapted to each situation and defend the interests of their customers effectively.
Our lawyers have a solid legal background and a good knowledge of family law and divorce proceedings. Theyhave good interpersonal and communication skills in order to be able to exchange with customersand opposing parties in a constructive way.
What is Divorce Law?
Divorce law governs the modalities of the dissolution of marriage and the legal consequences arising from it. It defines the conditions for the validity of divorce, the causes of divorce, the effects of divorce on the spouses and children, as well as the modalities of division of property and determination of maintenance.
We can find, in Monaco, different types of divorce:
- divorce for fault
- divorce for breakdown of the common life
- divorce for criminal sentence
- divorce for illness
- divorce on accepted request
- divorce by joint request (mutual consent)
Divorce by joint request, known as "mutual consent," is the most common. It implies an agreement between the spouses, on the principle of divorce and on all the consequences that follow from it, such as provisions relating to the children (residence, organization of visiting and accommodation rights, the amount of contribution required to maintain children’s education), but also the division of property, and the possible amount of a compensatory allowance from any party.
The divorce on accepted request: when one of the spouses takes the initiative of the break-up, the spouses can agree, during the proceedings on the pronouncement of the divorce without statement of grievances. The Court remains seized of the requests relating to the consequences of the divorce.
Divorce for fault based on the liability of one of the spouses in the marriage breakdown. The facts blamed must constitute a serious or repeated violation of the duties and obligations of the marriage (such as infidelity, domestic violence, financial disregard of the family...)
Divorce for breakdown of the common life can be pronounced at the request of both spouses and/or one of them, when the parties have been living separated for three years on the day the request is filed. In the case of a court-ordered separation, this period is reduced to 2 years. The Court will also decide on the potential consequences of the separation.
The divorce for illness can be ordered if the gravity and duration of this illness, is such as, it negatively compromise the family balance and relationship. The particularity of this divorce consists in the fact that the duty of support and assistance is still maintained even after the rupture of the conjugal bond.
The divorce for criminal sentence can also be pronounced when the infraction, which is unknown to the other spouse before the marriage, is so serious that it makes it intolerable to maintain the conjugal bond.
Nevertheless, Monaco legislation favors the consensual way by allowing the spouses, in each of the cases mentioned, and at any moment of the procedure, to ask the Court to acknowledge the agreement of the parties and to validate a divorce agreement.
Divorce law is constantly evolving. it is important to be informed of the latest legislative and jurisprudential developments to understand one's rights and obligations in case of a separation or divorce.
If you are in a divorce situation, it is highly recommended to call upon a specialized lawyer in family law, so it can adapt and find solutions based on a specific case and related on your own and children needs and rights, that should apply.
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