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Family law and matrimonial property settlements

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With globalisation, family relationships are becoming increasingly international in nature, which is impacting family law as a whole and more specifically the matrimonial property regimes that govern the financial relationship between spouses and also between life partners for some foreign residents. These issues are particularly common in the Principality of Monaco, which now has a large and highly mobile foreign population.
    
We specialise in the following areas:

  • Drafting or amendment of marriage contracts
  • Recognition of foreign marriage contracts in the Principality
  • Modification or settlement of matrimonial property arrangements
  • Contentious and amicable divorces
  • Recognition / challenging of paternity
  • Adoption
  • Cohabitation agreements

We work in close collaboration with our network of associated firms in over 40 countries to meet our clients' needs for a cross-border assistance.


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26/07/2024
Protecting victims of domestic violence in Monaco
The Monaco lawmaker wanted to set up an effective and responsive system for protecting victims of domestic violence, enabling the President of the Court of First Instance to issue a protection order within...
Publication
27/06/2024
Between disenchantment and legislation: international divorce in Monaco
Divorce is often a complex procedure, especially when the spouses have different nationalities or reside in different countries. In a recent case, CMS assisted a British husband who lived in Monaco and...
Publication
07/06/2024
The revocation of donations between spouses
During marriage, donations can be made between spouses. But did you know that they can be revoked by the donor spouse at any time during marriage, until divorce is finalised?Under Monegasque law, donations...
Publication
11/03/2024
Monaco: the Anglo-Saxon style marriage contract
Marriage is an act of love, but it is also a legal commitment that can have major consequences in the event of separation. That is why it is essential to draw up a marriage contract, a key tool in wealth...
Publication
26/02/2024
Cohabitation under Monegasque law
Definition Cohabitation is a de facto union, characterised by a stable and continuous life together, between two people living as a couple. Although it is a form of free union, cohabitation is not protected...
Publication
14/06/2023
The risks of a divorce pronounced against one spouse for exclusive fault
A divorce can be pronounced for fault at the request of one of the spouses under article 197 1° of the Civil Code, when the acts attributed to one of the spouses constitute:A serious or repeated breach...
Publication
29/11/2022
Can financial consequences of your divorce pronounced in Monaco or abroad...
Against all expectations, the answer is yes. In the United Kingdom, (England and Wales) for example, there is a procedure allowing additional post-divorce financial claims to be made before the English...
Publication
21/06/2022
Monegasque legislation takes another step towards gender equality
The law n°1.523 of 16 May 2022 on the promotion and protection of women's rights has recently been published in the "Journal de Monaco" on 27 May 2022. Over the course of 3 years, 12,000 legal texts...
Publication
02/02/2022
The use of the “com­pulsoire” through the ex parte procedure modified by...
The search and administration of evidence are essential elements in any proceedings, as each claim must be justified to be granted, especially in divorce, post-divorce or inheritance litigation. However...
Publication
22/12/2021
Acquisition of Monegasque nationality by marriage: increased to 20 years
After two years of intense debate and an official announcement that it would be tabled on 17 June 2021, the bill on the acquisition of nationality by marriage (No. 1038) was voted on 24 November 2021...
Publication
21/04/2020
Recognition of new forms of family life
Since 2010, the European Court of Human Rights (ECHR) has ruled "that it is artificial to continue to consider that unlike a heterosexual couple, a homosexual couple cannot have a "family life"". More...
Publication
26/11/2018
Changing matrimonial regime and adding a community of after-acquired property
Did you know? Under Articles 36 et seq. of the Monegasque Code of Private International Law, the matrimonial regime is governed by the spouses’ chosen national law. The spouses may opt for the law of...
Publication
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