Monaco is moving toward one of the most significant overhauls of its family law in decades. A new bill (proposition de loi) adopted by the National Council on 26 November 2025 proposes the introduction of a modernised framework for marriage, divorce and legal separation. The reform aligns the Principality with international standards familiar to expatriate families, private client advisors and high-net-worth individuals considering residence in Monaco. It simplifies procedures, strengthens legal certainty and introduces planning tools that until now were not available under domestic law.
Introduction of No-Fault Divorce
The central feature of the reform is the replacement of all traditional fault-based divorce grounds with a single objective divorce option. Under the proposal, spouses will be able to divorce after six months of marriage on the request of one spouse or both together, without alleging wrongdoing. This reflects existing practice, where consensual divorce already represents the majority of cases, and reduces the need for lengthy adversarial litigation. Clear timelines and a straightforward process will provide families with greater predictability and reduce emotional and financial strain.For expatriate families used to no-fault systems in France, the United Kingdom, the United States and many European countries, the proposed framework will feel familiar. It sets out a more efficient process, shortens delays and eliminates unnecessary contentious procedures. The reform also preserves the possibility of rapid divorce in situations of danger or serious misconduct, thereby balancing modernisation with appropriate safeguards.
Recognition of Prenuptial and Marital Agreements
A key innovation with strong relevance for international families is the formal introduction of prenuptial and marital agreements, referred to in the bill as nuptial agreements. These agreements may be entered into before marriage, during marriage or even during divorce proceedings, subject to judicial supervision. Couples will be able to agree in advance how property, maintenance and other financial issues should be handled if the marriage ends.This reform would bring Monaco closer to legal systems commonly used by high-net-worth families, particularly those from Anglo-American jurisdictions where pre-nups and post-nups are well established. For private client advisors and family offices, the ability to structure family wealth through enforceable marital agreements significantly improves planning flexibility. It also enhances legal certainty for cross-border couples whose asset protection strategies rely on coherent treatment across jurisdictions.
A more flexible and efficient role for the courts
The bill strengthens the ability of judges to manage family cases efficiently. Courts will have clearer powers to approve amicable settlements, streamline procedures and prevent unnecessary delays. Judges will also be able to adjust support or financial obligations when strict application of technical rules would lead to unfair outcomes. This provides a balanced approach that respects autonomy while ensuring the protection of vulnerable spouses and children.The reform also modernises the concept of legal separation. Separation is formally defined as a state where the marital bond remains intact but cohabitation and financial ties are dissolved by court order. This gives families a structured alternative to divorce, particularly for couples with personal or religious reasons to remain married while living apart. Courts will also be allowed to convert separation into divorce, or the reverse, depending on the circumstances, which adds welcome flexibility.
Implications for international families and advisors
For expatriate families and potential residents of Monaco, the new rules bring the Principality closer to international practice and improve the predictability of outcomes. The combination of no-fault divorce, enforceable marital agreements and efficient judicial oversight makes Monaco a more attractive jurisdiction for family planning. Individuals relocating to Monaco will find a clearer legal landscape, and advisors will benefit from reliable tools to manage wealth protection, succession planning and risk.For private client practitioners, law firms and family offices, these reforms provide new opportunities to guide clients through the preparation of nuptial agreements, review existing arrangements and reassess family governance structures. The enhanced framework supports long-term stability and improves the ability to protect family assets.
Conclusion
Monaco’s proposed reform represents a meaningful step toward a modern and internationally coherent family law system. By simplifying divorce, recognising marital agreements and reinforcing judicial efficiency, the Principality is providing residents with greater autonomy, fairness and certainty. For high-net-worth families and their advisors, these developments strengthen Monaco’s position as a secure and sophisticated jurisdiction for family life and long-term planning.
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Sources :
PROPOSITION DE LOI, N°273, MODIFIANT CERTAINES DISPOSITIONS DU CODE CIVIL RELATIVES AU DIVORCE ET A LA SEPARATION DE CORP Microsoft Word - Exposé des motifs - Partie Spéciale_Final_26_Sept_2025.docx
99 Avocats Associés : Draft law No. 273 amending certain provisions of the Civil Code relating to divorce and legal separation (séparation de corps) • 99 Avocats associés