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Breakdown of cohabitation A breakup of cohabitation can prove to be really detrimental for the remaining spouse. Can there be termination for fault? Can you sue your ex-boyfriend?
The principle of freedom
Concubinage is a de facto union between two people, of the same sex or of the opposite sex . There is no legal framework and the principle of cohabitation is freedom. The chosen cohabitation is therefore not a duty and each of the cohabitants can therefore, in principle, put an end to this situation at any time. Unlike marriage, there is no obligation of fidelity, community of life or assistance. It is only in certain circumstances that the rupture of the cohabitation can engage the responsibility of the one who breaks.
When is there an unfair dismissal?
Cases of abusive termination of cohabitation are strictly limited. There must be a genuinely faulty and abusive attitude on the part of the author of the breach. The simple failure, without fault, is not, in itself, compensable. Jurisprudence gives some examples of abusive rupture: a rupture during a pregnancy or accompanied by violence. A breakup is also considered abusive when a partner suddenly and without reason abandons their partner after asking them to change departments and quit their job. There must therefore be damage suffered by the victim in order to be able to take legal action.
What’s the protocol?
If you want to sue your ex-partner for wrongful termination, you must go to the regional court of the place of residence of the defendant, that is to say of the person who ended the cohabitation wrongfully. The presence of a lawyer is mandatory. It is possible to claim damages to compensate for the economic, financial or moral prejudice suffered by the victim. Unfair dismissal can be proven by any document: certificates, testimonials, e-mails, etc. – pecuniary damage.
Société d’Avocats DAMY , Nice, Can there be a breach for fault in the cohabitation? 2022 Update
