For over a decade our family law department has been providing assistance to individuals in connection with divorce and family law issues in Tunisia.
Our Tunisian family comprises of a team of Tunisian family lawyers who specialise in exclusively advising foreign clients on divorce, ancillary relief, judicial separation and child proceedings and other family law related matters throughout Tunisia. Our Tunisian lawyers provide a wide range of services which in addition to those already mentioned also include special guardianship orders, financial disputes, civil partnerships, cohabitation issues and associated property disputes.
Our lawyers have considerable expertise in protecting clients with complex financial issues, including matters relating to diverse sources of income. The firm is also able to assist in all aspects of family and children law, including custodial parental rights and the creation of an alternative family structure. As well as advising on complex international children law involving more than one jurisdiction.
We welcome clients of different nationalities and our multi-lingual lawyers can assist clients involved in complex cross-border divorce cases.
Giambrone can provide legal advice in:
Our aim is to offer is to provide solutions that attempt to limit the distress that accompanies a marriage break-up.
Giambrone’s family law team includes members of the International Bar Association as well as many international family law organisations and has well-established connections with other international law firms worldwide.
In Tunisia, the Family Law is regulated by the Code of Personal Status.The rules applicable to divorce in Tunisian law is the Articles 29 et seq of the Code of Personal Status.Under the provisions of Article 31 Personal Status Code, the divorce can be granted in three cases:
A) Divorce upon mutual consent:
Divorce upon mutual consent - Cabinet avocat tunisie
This situation is similar to the divorce by mutual consent in European laws
B) Divorce requested for fault:
There are facts to be charged to one of spouses concerning violations of the duties and obligations of marital life, which render the marriage untenable: adultery or violence, for example. These facts are submitted for the judge’s comment .This type of divorce is similar to the French fault divorce.
C) At the request of the husband or wife (divorce caprice)
It is a form of divorce close to divorce irretrievable marriage.
In the latter two cases, the Court rules on the compensation for material and moral damage suffered by one or both spouses.
Article 31 provides that the pecuniary damage is repaired the wife as an annuity payable monthly in arrears at the end of the waiting period, depending on the standard of living which she was accustomed during the life violence.
This text also provides an opportunity to review the pension, which can optionally be set in the form of capital, in a single payment, which approximates the compensatory allowance under French law.
Disclaimer: This article comprises an overview of the divorce procedure in Tunisia , but we do recommend you seek legal advice if you are thinking about divorce or are part of a divorce procedure.
If you require further information or advice from our team of specialist lawyers, please contact a member of our Client Relations Team by:
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