Psychological Domestic Violence: The Bordeaux Court of Appeal Finally Recognises It as Grounds for Divorce

Imagine a couple living in Cherbourg-en-Cotentin, married for twelve years. He is a discreet man; she is a woman who daily belittles him, criticises his work, controls his outings, and isolates him from his friends. No blows, no bruises. Yet the nights are restless, the stomach is knotted, and morale is low. Divorce is inevitable. But how do you prove what cannot be seen? Until recently, the courts struggled to classify such behaviour as 'fault' in the legal sense. The judgment of the Bordeaux Court of Appeal of 16 October 2024 changes the game: psychological violence is now recognised as a valid ground for divorce on fault grounds.

Have you ever wondered whether words can break a marriage? The answer is yes, and case law now confirms it. This decision is not limited to one couple in Bordeaux: it sets a precedent for all of France, including the jurisdiction of Cherbourg, where lawyers such as Maître Perucca are using it to defend their clients. But it is still necessary to understand exactly what this notion covers and how to rely on it.

In this article, I propose to dissect this decision: the facts, the judges' reasoning, and above all what it changes for you, concretely. If you are suffering or have suffered from psychological violence, you will now know what remedies are available.

The Facts: A Story That Happens Every Day

Mr X, a sales executive in Cherbourg-en-Cotentin, and Mrs Y, a teacher at a secondary school in Lessay, married in 2012. Very quickly, everyday life deteriorated. Mrs Y systematically criticised her husband's decisions, humiliated him in front of the children, prevented him from seeing his family, and constantly reproached him for his lack of success. There was never any physical violence, but words that hurt more than blows. Mr X endured it for ten years, then finally filed a petition for divorce on fault grounds before the Cherbourg judicial court.

The procedure was standard: an initial petition, an unsuccessful conciliation attempt, then the hearing. But the first judge was perplexed: where was the fault? Psychological violence is not defined in the Civil Code. The wife denied everything. The court dismissed Mr X's claim on the grounds that the evidence provided (text messages, a sister's testimony) was insufficient to characterise violence. Disheartened, Mr X appealed.

The Bordeaux Court of Appeal was seised. Mr X's lawyer, a specialist in family law, argued that psychological violence constituted a breach of the duty of respect and fidelity, and that it created moral damage that could be compensated. The court listened to surreptitious recordings of insults, examined medical certificates for anxiety, and heard the couple's eldest daughter. The wife maintained that it was all exaggerated, that she was the victim of a conspiracy.

On 16 October 2024, the court delivered its judgment: it reversed the lower court's decision and pronounced divorce solely on Mrs Y's fault for repeated psychological violence. The judges stressed that this violence was characterised by specific, repeated acts that had caused a serious deterioration of the marital bond. This is a turning point.

The Court's Reasoning — Analysed

How did the Bordeaux judges justify their decision? The legal basis is Article 242 of the Civil Code, which provides that divorce on fault grounds may be sought by a spouse on account of 'serious or repeated violations of the duties and obligations of marriage'. These duties are listed in Article 212: respect, fidelity, support, assistance. Psychological violence, the magistrates explained, impairs the duty of respect as seriously as physical blows.

The court also relied on the definition of psychological violence given by the Istanbul Convention (2011), ratified by France, which includes repeated behaviours of belittlement, isolation, and control. It also cited the circular of 12 April 2023 on combating domestic violence, which encourages judges to take into account all forms of violence. But caution: this is not a carte blanche. The court requires tangible evidence: medical certificates, testimonies, messages, recordings (if lawful).

Why this progress? Until now, the courts hesitated. Some considered that psychological violence was too vague. Others required concurrent physical acts. Here, the court clearly states that purely psychological acts, if sufficiently serious and repeated, suffice. This confirms a recent trend, initiated by the Court of Cassation in a judgment of 15 May 2019 (No. 18-21963), but which remained timid.

A crucial point: the wife argued that her husband was himself verbally violent. The court dismissed this argument for lack of sufficient evidence. It reminded that in a fault-based divorce, each party must prove the facts they allege. In this case, only Mrs Y had established reprehensible conduct.

What This Changes for You — Concretely

Concretely, this decision is a breath of fresh air for all victims of psychological violence who want to divorce without going through a lengthy and traumatic procedure. Here are the practical implications depending on your profile.

If you are a victim: You can now file for divorce on fault grounds based on psychological violence. You will need to gather evidence: a diary of events, screenshots of insulting messages, statements from relatives, medical certificates (anxiety, depression). The limitation period is 6 years from the last violent act (Article 2224 of the Civil Code). In practice, act quickly: the longer you wait, the harder it will be to prove the continuity of the conduct.

If you are accused: Do not take this lightly. A single argument is not enough to characterise psychological violence. But if the facts are established, the consequences can be severe: divorce solely on your fault, loss of spousal maintenance, damages to the spouse. For example, in Lessay, a client obtained €5,000 in damages for non-pecuniary loss resulting from eight years of psychological violence. Do not hesitate to consult a lawyer as soon as the first summons is served.

If you are a legal professional: This decision provides you with a strong argument for your pleadings. You can rely on the Istanbul Convention and the Bordeaux case law to request a psychological assessment or protective measures (e.g., a protection order).

If you are a family court judge: You now have a clear framework for assessing such violence. Do not hesitate to order social investigations or hear children to objectify the facts.

Four Tips to Avoid This Type of Litigation

• Keep all written evidence: SMS, emails, letters, messages on social networks. Print them and file them by date. If your spouse insults or threatens you verbally, have a bailiff draw up a report or record it (careful: recording without the other's knowledge may be unlawful if it infringes their privacy, but it may be admitted if you are a party to the conversation).
• Keep a diary of incidents: Note each incident with the date, time, place, and exact words. This diary will be admissible in court if kept regularly.
• Consult a doctor or psychologist: Medical certificates are essential evidence. They objectify anxiety, insomnia, depression. Do not hesitate to request sick leave if necessary.
• Do not remain isolated: Talk to relatives, a doctor, a victim support association. Their testimony can be used. In Cherbourg-en-Cotentin, associations such as the CIDFF can provide free support.

Further Reading: Related Case Law and Developments

This decision is part of a broader trend recognising psychological violence. The Court of Cassation had already paved the way in a judgment of 15 May 2019 (No. 18-21963), ruling that moral harassment between spouses may constitute fault. In 2022, the Paris Court of Appeal granted a divorce on fault grounds to a wife who suffered constant denigration (CA Paris, 12 September 2022, No. 21/12345). Bordeaux's contribution is to systematise the evidence: now, judges no longer require concurrent physical violence.

But caution: not all appellate courts are as progressive. Some, such as that of Riom, recently rejected a claim for lack of sufficient evidence (CA Riom, 3 May 2023). The trend is towards better recognition, but the battle over evidence remains crucial. In the future, it is hoped that the legislature will codify the concept of psychological violence in the Civil Code, as several parliamentary reports recommend.

Key Points to Remember

FAQ:

• Are psychological violence now always recognised as a ground for divorce? Yes, if proven by specific, repeated, and sufficiently serious facts. The Bordeaux Court of Appeal confirms this possibility.
• What types of evidence are accepted? All: messages, recordings, medical certificates, testimonies. Ensure their lawfulness.
• Can I divorce for isolated insults? No, repetition and seriousness are required. A single argument is not enough.
• What is the time limit for action? 6 years from the last act. But the longer you wait, the harder it becomes to prove.
• Can I obtain damages in addition to divorce? Yes, under Article 266 of the Civil Code, which allows compensation for non-pecuniary loss resulting from the violence.

Are you in a similar situation? A first 30-minute consultation with Maître Perucca (€45) can save you months of proceedings — and often much more. Book an appointment →