Presentation to the Club des Résidents Etrangers de Monaco (CREM): principles of equity in the context of Monegasque law on divorce and matrimonial property regimes

Legal meetings, 28 April 2026 (Monaco)

Erika BERNARDI, attorney partner, and Nathalie BLANGERO-BUISSON, Head of the Family Law Department of 99 AVOCATS ASSOCIÉS, were delighted to speak with members of the Club des Résidents Étrangers de Monaco (CREM) on the topic:

Me Erika BERNARDI, Avocate associée, et Nathalie BLANGERO BUISSON, Responsable du Département Droit de la famille de 99 AVOCATS ASSOCIÉS ont eu le plaisir d'échanger avec les membres du Club des Résidents Etrangers de Monaco (CREM) autour du thème :

"The non-recognition of principles of equity in Monaco: implications for divorce and matrimonial property regimes".

The principles of equity, which are fundamental in common law, have no equivalent in Monegasque law, which is based on the civil law tradition.

Conversely, the concept of a "matrimonial regime", which is central to Monegasque law, is unknown in common law, where the management and distribution of assets are governed by other legal mechanisms.

Furthermore, there are fundamental differences in the role of the judge at the time of divorce.

At the time of divorce, judges in common law countries have discretionary powers enabling them to assess the spouses’ situation in a flexible and subjective manner, with a view to equity, fairness.

In the Principality of Monaco, judges are bound by the objectivity and rigour of civil law rules, particularly those relating to the liquidation of the matrimonial regime. Unlike in common law, the Monegasque judge does not rule in equity, but strictly in accordance with the law.

These conceptual and methodological differences give rise to significant practical difficulties in matters of divorce and matrimonial property regimes in cross-border situations.

Courts sometimes adopt a simplistic approach to foreign law, which does not accurately reflect its actual mechanisms and which can lead to outcomes that differ radically from those that would have been obtained in the State whose law is normally applicable.

Managing these complex situations requires an in-depth analysis of private international law, both to determine the applicable law and to anticipate the financial consequences of a divorce in an international context.