Joint application to a civil court

The joint application is a procedure whereby persons are agree to seize together the court. They may jointly request the validation of their agreement or settle their dispute. It is a common desire to take legal action.

In the case of a joint application, all parties are entitled to request. One part don't sue the other.

The joint request can be used for some civil affairs, such as:

• Neighborhood conflict (for example, neighbors agree on the construction of a adjoining wall, but not on its size)
• Divorce (e.g. if the spouses want to divorce by mutual consent and their minor child wants to be heard by the Jaf: titleContent)
• Separation of parents (e.g. conflict over parental authority related to the health or education of their minor child).

The joint application takes the form of a simple letter formulating the joint application made to the court.

One and only letter must be written regardless of the number of parties.

This letter must contain the following elements:

• Surnames, forenames, occupation, domicile, nationality, date and place of birth of the parties
• Purpose of the request
• Court before which the application is brought
• Approach of attempt to reach an amicable agreement where it is mandatory.

The parties must specify their requests with points of agreement and disagreement, give their explanations and attach the relevant supporting documents.

The parties may agree in writing that the proceedings shall be conducted without a hearing:

Consent to conduct proceedings without a hearing - Oral proceedings before the court or the protection court

The request is signed by all parties. It must be deposited or sent to graft the court or the local court.

The competent court shall be that of home either of the parties to the dispute.

In matters contractual (sale, provision of services...), the parties may bring proceedings before the court of the place of delivery or the place of performance of the service.

To get the compensation for damage, the court seised may be the court of the place of damage.

In matters real estate, the court having jurisdiction may be that of the place where the immovable property is situated.

In a dispute related to a succession, applications may be brought before the court of the place where the succession is opened.

Lawyers are often mandatory to bring the matter before the court. This is the case, for example, in matters of divorce or if the amount is indeterminate or if the amount of the dispute is greater than €10,000.

A tax stamp of €50 is due to bring the claim to court, except in cases of legal aid. Only one contribution is required regardless of the number of applicants.

The joint motion saves the parties the cost of issuing a assignment by a commissioner of justice.

Fees may be added, including lawyer's fees.

The parties may request to benefit from legal aid to cover all or part of these costs if their resources are insufficient.