Joint application to a civil court

The joint application is a procedure whereby persons are agree to seize together the court. They may jointly apply to have their agreement validated or resolve their dispute. It is a common desire to take legal action.

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

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

• Neighborhood conflict (for example, neighbors agree on the construction of an 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)
• Parental separation (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 making the joint application to the court.

One single letter must be written regardless of the number of parties.

This letter must contain the following:

• Surnames, first names, occupation, domicile, nationality, date and place of birth of the parties
• Purpose of the request
• Tribunal before which the application is brought
• Approach of attempt to reach an amicable agreement when 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 request is signed by all parties. It must be deposited or sent to graft the court of justice 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 that 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 the case of divorce or if the amount is indeterminate or if the amount of the dispute is greater than €10,000.

The procedure in court is in itself free of charge.

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