If you are married, you can get your union DISSOLVED.
A civil union is dissolved by the death of either spouse. It is also dissolved by a court judgment or by a joint notarial declaration.
Concerning the joint declaration, the spouses may consent, by way of a joint declaration, to the dissolution of the civil union provided they settle all the consequences of the dissolution in an agreement.
The declaration and the agreement must be executed before a notary and recorded in notarial acts en minute.
In the absence of a joint declaration dissolving the civil union executed before a notary or where the interests of the common children of the spouses are at stake, the dissolution of the union must be pronounced by the court.
When you dissolve your civil union, several things can occur:
DIVISION OF YOUR THINGS :
The legal term is “partition of your patrimony and the family patrimony”. Please see the section on “What happens to my things when I get married ?” of “Marriage and Civil Union” for further information on patrimonies.
The division of your things is based on the notion of the «family patrimony». What is the family patrimony? :
- FAMILY PATRIMONY: The value of the items falling within the family patrimony are split in half between the two spouses.
- Things falling within the family patrimony include the family residence, household furniture and decorations, family vehicle, and retirement savings.
- The value of the items is calculated by looking at the market value (what the selling price of the items would be worth now if bought) of all the family’s patrimony.
- Consideration is made of any expenses one of the spouses may have made to the purchase, improvement, or upkeep of the items within the family patrimony.
- PERSONAL PATRIMONY: What happens to your items that do not fall within the family patrimony is determined by your matrimonial regime (automatically it is “partnership of acquests” or, if you have a contract it is “separation as to property.” Please see the section on “Matrimonial Regimes” of “Marriage and Civil Union” for further information on patrimonies.
SPOUSAL SUPPORT/ALIMONY :
- Spousal support is meant to help the spouse start a new life apart from their partner, and it is often only paid temporarily.
- The spouse seeking support must submit an application to the court, as well as a summary of the spouse’s financial situation and financial needs.
CHILD SUPPORT :
- OBLIGATIONS : Whether you are divorced or not, both the mother and the father always have the same obligations to ensure that their children be educated, supervised, and cared for.
- This contribution can be either in the form of money, or time spent with the children.
- The amount of support to be provided is calculated considering: the total income of each parent, the number of children, the custody time, and any additional costs that the specific child may need.
- CUSTODY : Both parents retain their parental authority, unless there is a court order that states otherwise.
- If parents disagree as to how child custody will be shared (who looks after the child and when), the judge decides whether custody will be shared or given to just one of the parents . When a judge makes a decision about custody, he or she will consider the best interests of the child. The best interests of each child vary according to a number of factors. Example of factors, the child’s :
- Age ;
- Relationship with each parent ;
- Their state of health ;
- His parents’ ability to communicate with each other ;
- His parents’ ability to care for him ;
- The presence of domestic violence.
COMPENSATORY ALLOWANCE :
- Compensatory allowances are paid when one spouse has contributed to the enrichment of the other spouse – the objective is to compensate the losses suffered by one spouse for the benefit of the other.