Financial Rights
Articles 15, 16 and 17 set out the financial rights resulting from civil divorce and the discretionary power of the court. It requires one spouse to pay a lump sum amount as compensation to the other party after divorce and the accounting criteria on which the court relies, such as the number of years of marriage, the age of the spouses and the extent to which one of them contributed to the breakdown of the marital relationship, the material or moral damage suffered by any party or a previous or subsequent loss of profit.
The fourth chapter deals with the joint custody of children granted systematically on an equal basis to the father and mother. It details the method of alternating and dispatching joint custody between the parents, either weekly, fortnightly, or monthly, how to oppose it if there are grounds for doing so, or to request the relinquishment of custody or the exclusion of the partner from joint custody, whether it is legal or real custody or both.
The regulations stipulate in Article 33 the cases of exclusion of the father or mother and the forfeiture of his or her right to joint custody, either temporarily or permanently, if one of the cases that are detrimental to the interests of the child is realised, and indicate how to request the intervention of the court in the absence of an agreement on a decision relating to the child after the divorce and the organisation of the child’s travel during the period of joint custody.
