Family law

The firm GIACCARDI & BREZZO Avocats intervenes in all issues relating to family law and private international law:

• Personal status (civil status, filiation, guardianship, adoption)

• Matrimonial regimes

• Divorce and situation of children (parental authority, residence, rights of access, alimony, maintenance contribution, international abduction)


Monegasque family law

The preponderance of foreigners in the Principality of Monaco has an impact on family law litigation, which is frequently of an international nature.

The Principality of Monaco is party to eight Hague conventions of private international law. It has recently ratified the Hague Convention of 13 January 2000 on the International Protection of Adults.

Monaco’s accession to the Council of Europe on 5 October 2004 led to changes in family law, influenced by the case law of the European Court of Human Rights.

Among the latest reforms, Law No. 1.440 of 5 December 2016 amended certain provisions of the Civil Code relating to the family name (devolution of the mother’s name, “name of use”).

Law No. 1.450 of 4 July 2017 introduced the possibility of alternating residence for the child in case of separation or divorce, and recasted the provisions relating to family mediation.

Law No. 1.448 of 28 June 2017 responds to the needs related to the internationalization of exchanges and to the diversity of the 139 nationalities on the territory of the Principality. It has created the Code of international private law (international competence of the Monegasque courts, applicable law to the status and legal capacity of natural persons, marriage, parentage and adoption, maintenance obligations).

The provisions of the IPL Code relating to adoption have been clarified by Law No. 1.470 of 17 June 2019 (conditions for consent and procedure for the forced execution of a foreign adoption decision). In parallel wih this, it substantially recast the internal rules for simple and full adoption.

Finally, Law No. 1.474 of 2 July 2019 introduced new measures for the protection of vulnerable adults (guardianship by Court Order and mandate for future protection) and expressly affirmed the fundamental principles in this field, in the wake of Recommendation No. R(99) of the Committee of Ministers to Member States of the Council of Europe on Principles concerning the legal protection of incapable adults.



Our related publications

Family and Heritage Law Symposium (16th Edition)

30-31 January 2020 (Maison de la Chimie, Paris) Organized by the French National Council of Bars (CNB) On the theme: "Amicable solution: Conceiving and Building". With the participation of Nathalie BLANGERO-BUISSON and Julie PROUST...

Introduction of "civil solidarity contracts" into Monegasque law

01/2020                                                                     Law No. 1.481 of 17 December 2019 on civil solidarity contracts [contrats civils de solidarité] (voted ...

Global Leaders Forum - 2nd Annual Wealth Management Forum

10-11/09/2019 (London) With the participation of Patricia KEMAYOU MENGUE. Event for corporate executives, regulators, legal professionals and business advisors. More information...

Guardianship by Court Order, Mandate for future protection, exercise of the activity of legal trustee for the protection of persons

07/2019 Law No. 1.474 of 2 July 2019 on the Guardianship by Court Order, Mandate for future protection and the exercise of the activity of legal trustee for the protection of persons, is the result of Draft Law No. 958, passed by the National Coun...

Adoption: Amendments to the Civil Code and the International Private Law Code

06/2019 Law No. 1.470 of 17June  2019 amending the provisions of the Civil Code relating to Adoption was published in the Journal De Monaco of 28 June 2019. It cames from the Draft Law No. 920 amending the provisions of the Civil Code on Adop...

UN HRC: Report on the Third Universal Periodic Review - Monaco

At its 40th Session (25/02-22/03/2019), the Human Rights Council adopted on 14/03/2019 the Universal Periodic Review (UPR) outcomes of Monaco (Report of the Working Group on the Universal Periodic Review (A/HCR/40/13) and additional information trans...

Eurojuris International Congress 2018

18/21 October 2018 (Dubai) With the participation of Patricia KEMAYOU MENGUE. More Real Estate law Group's Session: • Real Estate in Dubai • Developer District One at Mohammed Bin Rashid Al Maktoum City International Litigation, A...

IBA 23rd Annual International Wealth Transfer Practice Conference: Working globally, planning locally

5/6 March 2018 (London) Presented by the IBA Private Client Tax Committee and supported by the IBA Family Law Committee, with the participation of Patricia KEMAYOU MENGUE. • Cross-border investments • Privacy and constitutional concerns ...

Meeting : The New Monegasque Private International Law

5 December 2017 (Yacht Club Monaco) Organized by Giaccardi, speeches by: • Alain FRANÇOIS (Principal Clerk Notary, Henry Rey Notary's Office) about "Matrimonial regimes" • Laëtitia VANDEVELDE (Clerk Notary, Henry Rey Notary's Office) a...

Eurojuris International Congress 2017

12/15 October 2017 (Brussels) Litigation, ADR & Contracts Group's Session about "Judicial and Contractual Mediation". With the participation of Patricia KEMAYOU MENGUE, Guillaume CARDOEN, Benjamin LECLERCQ. More • What is the applica...

International Society of Family Law (ISFL) World Congress 2017

25/29 July 2017 (Vrije Universiteit, Amsterdam) With the participation of Nathalie BLANGERO-BUISSON. "Family Law and Family Realities" More • Do family laws adequately reflect the realities of traditional and non-traditional families? ...

L'Observateur de Monaco : Dossier - Reforms: what civil society expects

October 2016 (nb. 157, pp. 56-62) Interview with Thomas GIACCARDI More • Economy/Connected Reforms, Economy/Expand the law of tenders • Labour/Why not boost severance pay? • Trial Process/Functioning of Justice: can do better ...

Baker & McKenzie's Annual Tax & Trust Conference: BREXIT / Common Reporting Standard for financial accounts (automatic exchange of information in tax matters)

October 10/11, 2016 (London) With the participation of Patricia KEMAYOU MENGUE. Speakers from Baker & McKenzie's Wealth Management Group, Corporate Tax Group, Dispute Resolution Group and Global Immigration, Mobility Group, More...

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