Family law in Monaco: marriage, divorce and custody

Monegasque family law

Monaco operates under its own Civil Code, which is distinct from the French Civil Code despite certain similarities. Family law matters -- marriage, divorce, parental authority, and succession -- are governed by Monegasque legislation and adjudicated by the Principality's own courts.

Marriage

Civil marriage in Monaco must be performed by the Mairie (town hall). Religious ceremonies have no legal standing on their own. To marry in Monaco, at least one partner must typically be a resident. Required documents include birth certificates, proof of residence, and certificates of no impediment. Marriages between same-sex couples are not currently recognised under Monegasque law.

Documents issued abroad generally need an apostille or consular legalisation. Processing times for a marriage file can take several weeks, so start the paperwork early.

Divorce

Divorce proceedings are handled by the Tribunal de Premiere Instance. The process begins with a mandatory conciliation attempt. If conciliation fails, the case proceeds to a formal hearing. Monaco recognises divorce by mutual consent and fault-based divorce. The court will rule on the division of assets, spousal maintenance, and arrangements for any children.

Both parties should engage a lawyer registered with the Barreau de Monaco (Monaco Bar Association). Legal proceedings are conducted in French.

Parental authority and custody

The default position under Monegasque law is joint parental authority, meaning both parents share decision-making responsibility for the child. After a separation or divorce, the court sets:

• The child's habitual residence
• A visiting and hosting schedule for the non-resident parent
• Child maintenance (pension alimentaire)

The overriding principle is always the best interests of the child. The court may hear the child's views depending on their age and maturity.

Succession

Monegasque succession duty is 0% in the direct line — between spouses, and between parents and children in both directions — and it is charged on assets situated in Monaco whatever the domicile, residence or nationality of the deceased. Nationality does not affect the rate.

Forced heirship differs from French law in one respect that repeatedly catches families out: the surviving spouse is not a reserved heir in Monaco. Article 780 of the Civil Code reserves half the estate where there is one child, two-thirds with two and three-quarters with three or more; a spouse's protection comes from the intestacy rules instead, which give them a share equal to a child's and never less than a quarter. See inheritance law in Monaco for the framework and settling a succession for the procedure.

Getting legal help

For any family law matter, consult a lawyer registered with the Barreau de Monaco. A list of practising lawyers is available from the Direction des Services Judiciaires. Many lawyers in Monaco are bilingual in French and English.