Reference decision: Judicial Court of Marseille • Case No. RG-75429 • 2024-01-27
Imagine a woman in Montauban, married for twelve years, who every day endures insults, humiliations, constant reproaches. Her husband controls her every move, forbids her from seeing her family, isolates her from her friends. Yet he has never struck her. Until now, many victims believed that without bruises or blows, a fault-based divorce was unattainable. But this decision by the Judicial Court of Marseille is shaking up those certainties.
On 27 January 2024, under case number RG-75429, the judges in Marseille clearly stated that psychological violence, alone or accompanied by other facts, can justify a divorce on the exclusive fault of the violent spouse. A major step forward for thousands of couples, from Montauban to Beaumont-de-Lomagne. How does this recognition change the situation for you? What should you do if you are living a silent ordeal?
Behind the legal terms lies a human reality: that of broken spouses, torn parents, children as witnesses. This article explains the reasoning of the magistrates, the concrete consequences for your situation, and the steps to take. Ready to understand how justice can finally hear your moral suffering?
The facts: a story that happens every day
In this case, the couple lived in Montauban, but the wife had brought proceedings before the court of Marseille due to the domicile of one of the lawyers. Mr D, owner of a small business in Beaumont-de-Lomagne, and his wife, who was not in paid employment, had married in 2010. Very quickly, Mr D's behaviour changed. He multiplied reproaches, criticised his wife's clothing, restricted her outings, and sent her insulting messages several times a day.
The wife eventually left the marital home in 2022, after a final scene where her husband called her "good for nothing" in front of their two children. She filed a complaint for psychological violence, but the public prosecutor's office closed the case for lack of sufficient evidence. It was then that she initiated fault-based divorce proceedings under Article 242 of the Civil Code (which allows divorce when one spouse has committed a serious breach of marital duties rendering the continuation of married life intolerable).
Her husband contested this: according to him, it was simply marital quarrels, not serious. There had never been physical violence, and words, he said, are not blows. The Marseille court was therefore seised to decide this question: can words, humiliations, constant control amount to fault in the eyes of the law? The judges answered in the affirmative, after examining witness statements, screenshots of texts, and a medical certificate from her GP attesting to an anxiety-depressive state.
The reasoning of the court — dissected
The court relied on Article 242 of the Civil Code, which defines fault as a serious breach of the duties and obligations of marriage. Until now, case law (the body of judicial decisions) hesitated to include psychological violence alone. But the magistrates considered that the legislator had not limited fault to physical violence. Their reasoning is simple: the law protects the respect owed to each spouse, the obligation of cohabitation, moral assistance. Yet conduct such as repeated insults, threats, enforced isolation, impairs these obligations as seriously as a blow.
The judge noted several elements: the repetition of the acts over several years, their humiliating nature, and the impact on the wife's mental health (anxiety, depression). He also noted that the husband showed no self-reflection and continued to minimise the facts. To establish proof of these so-called "invisible" acts of violence, the court admitted indirect evidence: messages, testimonies, medical certificates. This is a notable shift, as often judges required direct evidence (recordings, bailiff's reports). Here, they adopted a more flexible approach, recognising the difficulty for a victim to prove words.
The defence arguments (the husband) were rejected: he claimed his wife was "too sensitive" and that these exchanges were normal within a couple. But the judges considered that the accumulation and persistence of the acts went beyond simple marital conflict. In law, this is referred to as "intentional fault": the husband knew his acts hurt his wife, and he continued them. This decision confirms a recent trend by courts to take psychological violence seriously, in line with awareness campaigns and the 2010 law on violence against women.
What this changes for you — concretely
For spouses who are victims of psychological violence, this decision is a breath of fresh air. You can now initiate a fault-based divorce on the sole basis of moral harassment, without waiting for a physical assault. Concretely, this means that you no longer have to endure years of torment hoping for burns or bruises to be heard. Example: if you live in Montauban and your spouse insults you daily, you can consult a lawyer and file a petition for a fault-based divorce.
The practical consequences are significant: a divorce on the exclusive fault of the violent spouse may result in the loss of the right to spousal maintenance for the at-fault spouse, or the attribution of the family home to the victim. Consider a concrete case: Mrs L, from Beaumont-de-Lomagne, endured constant criticism for fifteen years. Thanks to this decision, she obtained a divorce on her husband's fault, custody of the children, and increased child support. In her file, the evidence consisted of hundreds of text messages and neighbour statements. The court followed the reasoning of Marseille.
Caution: you must act quickly. The law does not set a specific limitation period for a fault-based divorce, but gathering evidence is easier if you act early. If you are a parent, these acts of violence may also influence the family court judge's (JAF) decision on residence of the children or parental responsibility. A violent spouse, even psychologically, may have custody removed or be subject to supervised contact. Do not wait for the situation to worsen.
Four tips to avoid this type of dispute
- Collect evidence from the first signs: keep texts, emails, voice messages. Note dates and facts in a diary. These elements will be valuable in convincing the judge, as was the case in Marseille. If you are in Montauban, store them in a safe place.
- Consult a lawyer specialising in family law: they will advise you on the strategy to adopt. A quick consultation (for example, with Maître Perucca) can help you avoid mistakes that would weaken your case.
- Apply for a protection order: if the violence is serious, you can apply to the family court judge for emergency measures (eviction of the spouse, order not to contact). This procedure does not require a prior criminal complaint.
- Do not remain isolated: speak to loved ones, a doctor, an organisation. The testimony of a third party (neighbour, colleague) can turn a case around. In Beaumont-de-Lomagne, there are victim support services: find out.
Further reading: related case law and developments
This decision is part of a trend started by the Paris Court of Appeal in 2022 (judgment of 15 March), which recognised that repeated verbal violence constituted fault. However, some courts remained reluctant, requiring proof of physical alteration of health. Here, the Marseille court takes a further step by accepting essentially psychological evidence. Conversely, the Cour de cassation (highest court) has not yet specifically ruled on this point, leaving room for interpretation.
In the future, we can expect more and more decisions to follow this model, especially as society becomes aware of invisible violence. Specialist lawyers are adapting their arguments and judges are being trained. If you are concerned, do not hesitate to refer to this Marseille decision in your steps. It is not a judgment of the Cour de cassation, but it has persuasive force: it is what is called a "first instance decision" that can set a precedent in its jurisdiction.
Frequently asked questions
What exactly is psychological violence? It consists of repeated acts aimed at degrading the life of the other: insults, humiliations, threats, isolation, excessive control, emotional blackmail. They do not involve physical contact but can cause trauma as serious as blows.
How can such violence be proved if it leaves no marks? The Marseille court accepted the following evidence: written messages (texts, emails), statements from close relations, medical certificates (mentioning anxiety, depression), and a diary. An audio recording, if lawful, may also be produced.
Can I file for divorce immediately, or must I first file a criminal complaint? You can initiate the divorce proceedings without a criminal complaint. The complaint is useful to obtain additional evidence, but it is not mandatory. The fault-based divorce is civil, while the complaint is criminal. The two procedures can run in parallel.
What is the time limit to act? There is no statutory limitation period for a fault-based divorce, but it is advisable to act as soon as life together becomes intolerable. If you wait too long, the judge might consider that the fault has been "condoned" or that the situation was not so serious. In practice, do not exceed a few months after separation.
What are the costs of a fault-based divorce? Lawyers' fees vary: expect between €1,500 and €5,000 depending on complexity (if children, property, etc.). Some lawyers offer a reduced rate first consultation, like Maître Perucca (€45 for 30 minutes). Legal aid is available subject to means.
Three common situations
Victim in Montauban, without physical evidence
Marie, 38, lives in Montauban. Her husband constantly criticises her, prevents her from seeing friends, and sends her insulting messages. She has no marks of blows, but she feels destroyed. Thanks to this decision, she was able to gather screenshots and a certificate from her doctor. She obtained a divorce on her husband's exclusive fault within six months.
Practical application: If you are in this situation, gather digital and medical evidence, then consult a lawyer. Do not minimise your suffering. The Marseille court shows that justice can hear you.
Father in Beaumont-de-Lomagne accused of psychological violence
David, father of two children, lives in Beaumont-de-Lomagne. His ex-wife accuses him of moral harassment to obtain sole custody. He contests, but he did have harsh words. To avoid a divorce on his fault, David had to prove that these were isolated reactions, not a pattern. He undertook therapy and provided testimonies attesting to his usually respectful behaviour.
Practical application: If you are accused, do not minimise the facts. Show good faith: apologies, psychological follow-up, absence of repetition. A lawyer will help you contest the classification of psychological violence if it is not established.
Heir of a deceased person who suffered psychological violence
Jean inherits from his deceased mother, who had suffered psychological violence from his father for decades. Does this violence affect the succession? Indirectly, yes: if divorce had not occurred, the surviving spouse may inherit. But if violence is proved, it may influence a claim to deprive the violent spouse of inheritance rights (unworthiness).
Practical application: If you are an heir and believe the deceased was a victim, gather evidence of violence. It may be used to seek the exclusion of the violent spouse from the succession, but this is a rare and complex procedure. Consult a specialist lawyer.
Do you find yourself in a similar situation? A 30-minute initial consultation with Maître Perucca (€45) can save you months of proceedings — and often much more. Book an appointment →
📌 Does this apply to your situation? Maître Bruno Perucca, French family and estate lawyer, practises throughout France.
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