Beware of FAMILY LAWS

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STUDY

the differences in FAMILY legislation between Monaco and other countries. For example, there is NO COMMON property regime in Monaco by default

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BE CAUTIOUS

that there are NO laws for FREE UNIONS or CIVIL PARTNERSHIP in Monaco. This may encourage IMMORAL behavior in separation and in the support for the children

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KNOW

that unmarried WOMEN, sadly, most often become victims of absence of FAMILY recognition in Monaco

If you have decided to invest your time into upbringing kids and supporting your family partner, instead of your own career, you might become the primary victim of this anomaly.

It is no secret that Monaco is one of the most attractive destinations due to absence of personal income tax and the Mediterranean climate. However, beware of the differences in the field of FAMILY LAW between Monaco and the rest of Europe, especially in case of COHABITATION or CIVIL PARTNERSHIP.

  • Marriage is the only recognised form of union between adults. There is no legal recognition for civil partnership, free union or cohabitation like in other European countries. If you are not married, you are NOT a family. Even if you have common children after, for example, over 10 years of family life together and spend your life building a home for your partner and kids, you will not be recognised as FAMILY here and, therefore, have no respective rights.

This means that if your relationship ends, you will have absolutely NO right to common property, neither to a financial support from your former partner.

The fact that Monaco does not recognise contemporary forms of family like civil partnership, free union or cohabitation gives ground to affirm that Monaco breaches the right to family life under Article 8 of the European Convention of Human Rights.

What can you do? Read more here…

These are some examples of the challenges you might face in case of separation:

  • In case of divorce, the mother and kids will normally remain in the previous family home for the period of separation, no matter which of the partners was the owner or paid the rent. Contrary to a married couple (where the husband owns the flat), as a non-married mother you will not be allowed to remain in this flat, even if you have kids. If you do not have enough money to rent a new appropriate accommodation, the father may obtain the primary residence of the children.
  • In almost all cases, the Monegasque court will grant a joint parental authority. Thus, you will not be allowed to leave Monaco with the children without father’s permission. It means that if you have found a job in the UK or anywhere else, you may not be able to take that opportunity. Therefore, the rights of children outweigh the human rights of women for professional development and financial growth.
  • Whatever your type of family is – married or unmarried – if you ask for financial support for your minor kids, you will bear the burden of proof regarding your partner’s financial means and family standards of living. Contrary to the rest of Europe, your former partner has no obligation to disclose family financial situation in Monaco.

There is no “solemn declaration” like in France, neither such a concept like “contempt of court” in the UK. Thus, even an attempt to secure support for your kids may fail if you do not have sufficient evidence of your former partner’s business. In other countries, your former partner would be obliged to disclose everything.

These are the difficulties you should know about.

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