Reference decision: cc • No. 08-17.117 • 2009-11-25 • Consult the decision →
This decision provides important insight into your property law. Here is what it changes for you.
The situation
To pronounce divorce for irretrievable breakdown of the marital bond on the basis of Article 238, paragraph 1, of the Civil Code, the trial judges have sovereign discretion to assess the existence of a two-year separation at the time of the divorce petition.
What the law says
This decision confirms the fundamental principles of property law.
Key points to remember
- Strictly comply with the statutory time limits for appeals
- Keep all your supporting documents (title deeds, deeds, correspondence)
- Anticipate: preventive advice always costs less than litigation
For an analysis of your situation: 30-minute consultation at 45€ with Maître Zakine.
📌 Does this apply to your situation? Maître Cécile Zakine, French real estate lawyer, practises throughout France.
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