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in France

According to French case law, maintenance and compensatory benefit are not designed to “enrich” one of the spouses nor negate the effect of the matrimonial regime freely chosen by the spouses. French Courts will therefore consider the terms of the marriage contract of the spouses (if considered as valid and binding) for the treatment of spousal assets after the divorce is ordered, but is should have no significant consequences for the payment of spousal maintenance, compensatory benefit and child maintenance. Finally, under French law, it is not possible to renounce before the divorce proceedings, even in a contract, the right to compensatory benefit.

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