Family
No-fault divorce since 2018, and same-sex marriage since 2015
A 2018 reform abolished fault-based divorce, leaving two routes: divorce by mutual consent and divorce for irretrievable breakdown of the marital relationship. Marriage was opened to same-sex couples in 2015, and the partnership (PACS) is available as an alternative.
Key rules
- Divorce is available by mutual consent or for irretrievable breakdown; fault-based divorce was abolished in 2018.
- Marriage is open to all couples since 2015.
- For a mutual-consent divorce, a notary is involved where there are assets to divide.
- Parental authority is normally exercised jointly after divorce.
Governing law
- Civil Code, family and divorce provisionsAs reformed by the Law of 27 June 2018
- Law of 4 July 2014 opening marriage to same-sex couples (2015)In force 1 January 2015
In practice
Mutual-consent divorce is faster and requires a full agreement on the consequences, drawn up with a notary where property is at stake. Maintenance and child arrangements are set within the divorce and reviewed in the child's interests.