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.

Our intervention

Cabinet Arnoult International’s intervention will consist of gathering evidence of this extramarital relationship

In most cases, this involves setting up a surveillance process and tailing the suspected unfaithful spouse.

To achieve this, after gathering all the necessary information to carry out the investigations, Cabinet Arnoult International commits to setting up the necessary resources to ensure the success of the mission and obtain the best results.

Service agreement

For each mission, a contract is drafted, specifying the purpose of the mission, the methodology, the financial terms, and the timeline for execution.

Lead investigator

Your case will be handled by a dedicated lead investigator who’s going to be your only contact, in charge of coordinating and managing the investigations.

Investigation report

At the conclusion of the investigations, a detailed, thorough, and precise investigation report will be drafted. It may be presented, if necessary, before the competent jurisdiction.

Example &
Practical

Mrs. X contacts us to confirm her suspicions regarding the unfaithfulness of her husband, who she’s been married to for 25 years.

After a few days of surveillance and tailing, we were able to demonstrate that the client’s husband was engaged in an extramarital relationship with another woman.

Regarding these elements, our client decided to file for divorce on the grounds of her husband’s exclusive fault.

Benefits of our intervention

The report of a private investigator, presented during debates in support of or in addition to other pieces of evidence, constitutes an additional indicator and can help to convince the judge.

The proof of adultery allows for the possibility of obtaining, in addition to any compensatory allowance (as per Article 266 of the French Civil Code), damages not only related to the fault committed, the adultery, but also to its consequences (Article 1240 of the French Civil Code).

case law

The infringement of the fidelity duty engages the civil liability of the perpetrator. Indeed, based on Article 1240 of the French Civil Code, the Court of Appeal states that:
“Regardless of the divorce and its own sanctions, the spouse, who invokes a separate and unrelated harm resulting from the breakdown of the marital bond, may seek reparation from their spouse under the provision of…”

In a ruling dated November 3, 2015 (n° 14-01770), the Riom Court of Appeal ordered, under Article 1240 of the French Civil Code, the unfaithful spouse to pay 5 000 euros to their spouse for the moral harm caused.

It is also noted that, for a long time, judges have recognized that when a spouse denies having an affair or living with someone, the other spouse has no other option but “to resort to the services of a private investigator, which is not considered disproportionate regarding the necessity for the spouse to prove the grievances alleged and contested.” (Versailles Court of Appeal, November 21, 2006, Légifrance CT 0035).

Moreover, The Court of Cassation recently recalled the importance of the existence of an extramarital cohabitation situation of one of the spouses to assess the differences between the living conditions of each party (1rst Civil Chamber March 8, 2017, P 16-13139).