What divorce proceedings can a protected adult initiate?

Verified 15 July 2025 - Directorate of Legal and Administrative Information (Prime Minister)

An adult placed under a protective measure may divorce provided that judicial divorce proceedings are initiated. He cannot divorce by mutual consent. We give you the explanations according to each judicial protection measure.

When one of the spouses is placed under a judicial protection measure, certain precautions are taken to safeguard his interests:

  • Where the protective measure has been entrusted to the spouse of the protected adult, the guardianship judge shall appoint a guardian ad hoc.
  • If divorce proceedings are commenced while an application for protection is being filed or is being considered, the divorce application cannot be considered immediately. The guardianship judge must first rule on the placing under judicial protection of the adult. Then, the Family Court Judge (Jaf) hears the divorce petition. However, the Jaf may take interim measures (for example, allowing the separation of spouses, granting the enjoyment of the dwelling, fixing maintenance) while the protection measure is in place.

Please note

The lawyer is mandatory regardless of the divorce proceedings initiated.

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Safeguarding justice

A major under safeguarding justice can't divorce by mutual judicial or extrajudicial consent.

All other procedures of divorce are possible.

The protected middle finger may bring the divorce action alone, since it retains the exercise of its rights during that interim measure.

Family authorization

A major placed under family empowerment can't divorce by mutual judicial or extrajudicial consent.

All other procedures of divorce are possible.

Depending on the tasks entrusted to the person authorized by the guardianship judge, the latter must assist or represent the adult protected during divorce proceedings.

The major under family authorization can accept the principle of marriage breakdown alone, in the event of divorce accepted.

Simple and reinforced curatorship

A major under curatorship can't divorce by mutual judicial or extrajudicial consent.

All other procedures of divorce are possible.

The adult under guardianship must initiate the divorce procedure with the assistance of sound curator and a lawyer.

He can accept the principle of marriage breakdown, in case of divorce accepted.

The spouse under guardianship may nod to the divorce judgment with the authorization of the guardianship judge.

He can renounce its call upon authorization of the guardianship judge if he doesn't want to proceed.

Supervision

A major under guardianship can't divorce by mutual judicial or extrajudicial consent.

All other procedures of divorce are possible.

The major under guardianship must be represented by their guardian.

The guardian may initiate divorce proceedings without seeking leave from the guardianship judge. The lawyer is chosen by the guardian.

The major under guardianship can accept the principle of marriage breakdown, in the event of divorce accepted.

The spouse under guardianship may nod to the divorce judgment with the permission of the judge guardianship.

He can give up doing call with the permission of the guardianship judge if he does not want to continue the proceedings.

Future Protection Mandate

A middle finger protected by a future protection mandate running can not divorce by mutual judicial or extrajudicial consent.

All other procedures of divorce are possible.

At the request of any person, the guardianship judge may initiate a measure of trusteeship or guardianship. This allows the appointed guardian or trustee to initiate, with the assistance of a lawyer, the divorce proceedings for the protected adult.

The protected middle finger can accept the principle of rupture alone of marriage in the event of divorce accepted.

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