WHERE THE TRIAL JUDGES, SEISED BY A WIFE IN DIVORCE PROCEEDINGS WITH AN ACTION FOR PAYMENT OF THE ARREARS OF MAINTENANCE DUE BY THE HUSBAND, FIND THE EXISTENCE OF CLAIMS AND ENFORCEMENT ACTS EXCLUDING ANY INACTION ON HER PART, THEY RIGHTLY DECIDE THAT THE RULE "MAINTENANCE DOES NOT FALL INTO ARREARS" WAS NOT TO BE APPLIED IN THIS CASE, WITHOUT HAVING TO ENQUIRE INTO THE RESOURCES OF THE MAINTENANCE CREDITOR.

This decision provides important clarification for your property law. Here is what it changes for you.

The situation

WHERE THE TRIAL JUDGES, SEISED BY A WIFE IN DIVORCE PROCEEDINGS WITH AN ACTION FOR PAYMENT OF THE ARREARS OF MAINTENANCE DUE BY THE HUSBAND, FIND THE EXISTENCE OF CLAIMS AND ENFORCEMENT ACTS EXCLUDING ANY INACTION ON HER PART, THEY RIGHTLY DECIDE THAT THE RULE "MAINTENANCE DOES NOT FALL INTO ARREARS" WAS NOT TO BE APPLIED IN THIS CASE, WITHOUT HAVING TO ENQUIRE INTO THE RESOURCES OF THE MAINTENANCE CREDITOR.

What the law says

This decision confirms the fundamental principles of property law.

Key points to remember

• Scrupulously respect the legal time limits for appeals
• Keep all your supporting documents (titles, deeds, correspondence)
• Anticipate: preventive advice is always cheaper than litigation

For an analysis of your situation: 30-minute consultation at €45 with Maître Zakine.