The French Court of Cassation recently addressed the issue of “shared life” as a requirement for acquiring French nationality through marriage. In a decision on November 27, 2024, the Court clarified the distinction between “shared life” and the duty of fidelity, emphasizing that the evaluation of “shared life” goes beyond marital fidelity and encompasses the nature, duration, and consequences of the relationship.
The Court’s decision stemmed from a case where a French woman filed for divorce from her foreign national husband. The husband had fathered two children with another woman with whom he had a stable and continuous relationship. The first child was born before the husband applied for French nationality. The wife cited her husband’s prolonged absences and disinterest as grounds for divorce.
The French Court of Cassation ruled in a November 27, 2024 decision that the existence of a shared life, as defined in Article 21-2 of the Civil Code, is a question of fact that is separate from the duty of fidelity. This shared life is evaluated based on the nature of the relationships maintained, their duration, and their consequences.
In this specific case, the Court of Cassation dismissed the appeal, finding that there was no shared life. The appellant had fathered two children with a third party with whom he had a stable and ongoing relationship. The first child was born before the application for French nationality was submitted. His French wife initiated divorce proceedings due to his prolonged absences of several months while in Burkina Faso and his disinterest in her.
The Court of Cassation concluded that the Court of Appeal did not confuse the duty of fidelity with the existence of a shared life.
On the contrary, it was able to deduce, from the nature of the relationships maintained, their duration, and their consequences, that this relationship was incompatible with the requirement of a shared life as defined in Article 21-2 of the Civil Code.
