Definition
Cohabitation is a de facto union, characterised by a stable and continuous life together, between two people living as a couple.
Although it is a form of free union, cohabitation is not protected under Monegasque law unless cohabitants formalise their union in a civil partnership agreement, which gives them a protective legal status distinct from that of marriage.
We can list 3 types of union:
- Cohabitation, which has no legal recognition;
- The civil partnership agreement, adopted in 2019, which can be entered into by people of different sexes or of the same sex to organise their life together;
- The wedding.
Termination of cohabitation
In principle, the break-up of a cohabitation is free and without formality, which means that the cohabitee who initiated the break-up is not liable for it alone.
The deserted cohabitee is therefore not entitled to claim damages or other forms of compensation such as those available in divorce cases (duty of support, alimony or compensatory allowance).
There is an exception in the event of a wrongful termination of the cohabitation.
The cohabitee who initiates the break-up must therefore show sensitivity and loyalty, otherwise they may be held liable, and their cohabitee may be entitled to compensation. The courts to decide on a case-by-case basis whether or not the relationship is at fault.
Monegasque case law strictly assesses the abusive nature of the break-up.
Financial consequences
The break-up of the cohabitation by either of the cohabitees does not trigger any financial rights allocated in the interest of either of them, as Monegasque law only grants a pension to the children of the cohabitees.
However, in some cases, cohabitees may agree that one of them will pay the other a sum of money to cover the couple's lifestyle or future needs.
In this context, the guardianship judge dealing with matters relating to the children will not have jurisdiction to set this sum of money.
The cohabitees can therefore agree on an amount and submit their agreement to the court for an enforceable court order. This option has only been available since the enactment of the reform of the Monegasque Code of Civil Procedure in 2021.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
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