Due to various causes, the initiation of a divorce proceeding is often a consequence of adultery. Adultery remains one of the most frequently cited grievances before the family court judge.
Article 212 of the French Civil Code states: “Spouses owe each other mutual respect, fidelity, support, and assistance.” ».
Article 242 of the French Civil Code, (amended by Law No. 2004-439 of May 26, 2004): “Divorce may be requested by one of the spouses when grave or repeated infringements of the duties and obligations of marriage are attributable to the other spouse and make the continuation of married life intolerable.”
The law thus establishes the principle of fidelity in marriage, but no longer makes adultery an automatic or always sufficient cause for pronouncing a divorce.
It is up to the judge to assess, case-by-case, whether the adultery is of a sufficiently blameworthy nature for the divorce to be pronounced.
This issue arises particularly when adultery is committed by one or the other spouse during the separation period preceding the pronouncement of the divorce, especially between the non-reconciliation order and the divorce judgment, with the spouses still legally bound by the duties of marriage.