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Fault-based divorce in France: which evidence counts, and which is excluded

Fault-based divorce still exists in France: article 242 of the Civil Code covers facts attributable to a spouse that are a serious or repeated breach of marital duties and make living together intolerable. Evidence is generally free, but a spouse cannot rely on evidence obtained by violence or fraud (article 259-1), and children or grandchildren can never testify about the spouses’ grievances (article 259).

Go to the toolSee the texts cited
  • Official texts cited
  • Sources checked on
  • Drafted with AI assistance, our method

By the AlphaDeep legal editorial team

General legal information with official references and dated checks. It is not personalised advice: for a decision that commits you, have your situation checked by a qualified professional.

Julie by AlphaDeep

Illustrative conversation
Example question

Is infidelity on its own grounds for divorce in France?

Julie Illustration

No. The spouse who alleges fault must prove the facts. The other spouse’s admission is, however, evidence in itself.

Read the references

You are considering a fault-based divorce: I can help you sort your evidence and spot the pieces that may cause problems.

French law

3 free questions at signup. Avoid names and sensitive information.

Answer

Is fault-based divorce still possible in France in 2026?

Yes. A spouse can seek divorce when facts attributable to the other amount to a serious or repeated breach of marital duties that makes continued shared life intolerable.

Since the 2021 reform, the document starting the case must state neither the ground nor the facts of a fault claim: they come later, in the written submissions. If fault and definitive-breakdown claims are made together, the judge examines fault first.

Code civil, article 242Code de procédure civile, article 1107Code civil, article 246

In order

Which kinds of evidence are strongest, from safest to most contested?

Ranked by the risk of being excluded, from the safest evidence to the most disputed.

  1. Your spouse’s admission

    In writing or in their submissions: the law names it expressly as a means of proof.

    Code civil, article 259

  2. Official documents

    Police complaint, medical certificates, court decisions: they date the facts and raise no question of how they were obtained.

  3. Messages addressed to you

    Letters, emails and texts you received directly: produce the whole exchange.

    Code civil, article 259

  4. Witness statements

    Admissible if they follow the Code of Civil Procedure format and do not come from a descendant.

    Code de procédure civile, article 202Code civil, article 259

  5. A commissaire de justice’s report

    Excluded if it involved entering a home unlawfully or an unlawful intrusion into private life.

    Code civil, article 259-2

  6. Messages found on your spouse’s device

    Excluded if obtained by fraud; disputed if simply accessible.

    Code civil, article 259-1

  7. A secret recording

    Admitted only if indispensable and the intrusion strictly proportionate.

    Cour de cassation, full court, 22 December 2023, no. 20-20.648Service-public: fault divorce

Summary card: proof by any means, evidence obtained by violence or fraud excluded, children never heard.
Evidence in a French fault divorce.
Tool

What should you check before producing a piece of evidence?

For each piece of evidence, four questions: the check flags what could get it excluded before you produce it.

julie://tool/grilleNothing leaves your browser
What do you want to produce?
How did you obtain it?
Have you reconciled since the facts?

Fictional example · points to check

Admissible in principle: facts can be proved by any means. You still need to show a serious or repeated breach of marital duties.

  1. Date the evidence and link it to a specific fact
  2. Keep the whole exchange, with sender and date visible, rather than an extract

These points do not say whether the evidence will be accepted: the judge assesses each item.

Answer

Can text or WhatsApp messages be used as evidence?

Yes, in principle: the facts can be proved by any means, including an admission. Messages you received, or that were available without fraud, can be produced. A spouse may not, however, produce evidence obtained by violence or fraud, such as messages read by hacking the other’s phone.

Code civil, article 259Code civil, article 259-1

Answer

Can you use a recording made without your spouse knowing?

It is the most disputed kind of evidence. Service-public says a secret recording of a private conversation is inadmissible. Since December 2023 the Cour de cassation no longer excludes unfairly obtained evidence automatically: the judge may admit it if it is indispensable to the right to prove your case and the intrusion is strictly proportionate.

Do not rely on a recording alone: look for other evidence of the same facts.

Service-public: fault divorceCour de cassation, full court, 22 December 2023, no. 20-20.648Code civil, article 259-1

Answer

Who can write a witness statement, and can the children testify?

Anyone who personally witnessed the facts, except descendants: the couple’s children and grandchildren can never be heard on the spouses’ grievances. The statement describes what the writer saw, gives their identity and link to the parties, and is handwritten, dated and signed, with a copy of ID.

Code civil, article 259Code de procédure civile, article 202

The law

What does article 259-1 of the Civil Code say about evidence obtained by fraud?

Un époux ne peut verser aux débats un élément de preuve qu’il aurait obtenu par violence ou fraude.

Code civil, article 259-1In force since 1 January 2005Read on Légifrance

In plain English: A spouse may not produce in the divorce case any evidence they obtained through violence or fraud.

Frequent questions

What else should you know about evidence?

Is infidelity on its own grounds for divorce in France?

No. The spouse who alleges fault must prove the facts. The other spouse’s admission is, however, evidence in itself.

Code civil, article 259

Is a private investigator’s report admissible?

It is weighed like any other evidence: it must not rest on entering a home or a disproportionate intrusion into private life, and the judge decides how much weight it carries.

Code civil, article 259-2Cour de cassation, full court, 22 December 2023, no. 20-20.648

Does getting back together cancel earlier faults?

Yes for earlier facts: reconciliation stops them being relied on as grounds for divorce. New facts can be raised later, with the old ones in support. A temporary return to living together is not a reconciliation.

Code civil, article 244

What happens if both spouses were at fault?

The petitioner’s own faults do not stop their claim being examined, but may take away the seriousness of what they allege. If each proves the other’s faults, the divorce is granted on shared fault.

Code civil, article 245

Does a fault divorce change custody or the division of property?

Not for parental authority or dividing property. Fault can open damages for the other spouse, and lets the judge refuse a compensatory allowance to the spouse whose exclusive fault caused the divorce.

Code civil, article 266Code civil, article 270

Sources

Which texts is this guide based on?

  1. Code civil, article 259Légifrance
  2. Code civil, article 259-1Légifrance
  3. Code civil, article 259-2Légifrance
  4. Code civil, article 242Légifrance
  5. Code civil, article 244Légifrance
  6. Code civil, article 245Légifrance
  7. Code civil, article 246Légifrance
  8. Code civil, article 266Légifrance
  9. Code civil, article 270Légifrance
  10. Code de procédure civile, article 202Légifrance
  11. Code de procédure civile, article 1107Légifrance
  12. Cour de cassation, full court, 22 December 2023, no. 20-20.648Légifrance
  13. Service-public: fault divorceService-public.fr

Texts cited last checked: 17 October 2026

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