Home > Family > France > 1998-04-07 - Court of cassation, Hamidou, n. 96-13.973

1998-04-07 - Court of cassation, Hamidou, n. 96-13.973

Family · France · Maher · Matrimonial property · Religious marriage

The matrimonial regime depended on the religious contract marriage of the spouses

Key facts of the case - The spouses come from India. There, they married following the Muslim rite. They moved to France and then divorced. The wife asks for the share of common goods while the husband argues that the Muslim matrimonial regime of separation as to property is applicable. The court of appeal of Lyon had decided that there was no marriage contract and that the matrimonial regime is determined by the law of their first home in France, which is regime of community.

Main reasoning of the court - The court of cassation overturns the decision of the court of appeal of Lyon. It decides that the court of appeal should have sought for whether the marriage certificate of this nickah marriage included provisions pertaining to a marriage contract and mentioned a sum of money to be paid to the wife and called maher. Indeed, these provisions reveal the choice of a specific matrimonial regime by the spouses.

See the decision: 1998-04-07 - Court of cassation, Hamidou, n. 96-13.973.