Risque texts can land unfaithful in divorce courts
Experts say the recent ruling by France’s Supreme Court to accept phone exchanges as legitimate proof of adultery will make it easier for the French to get divorced.
Previously, French husbands and wives often had to wait for years to escape a marriage if they could not prove that their spouse was misbehaving or mistreating them.
The June ruling by the country’s highest court went largely unnoticed until it was reported by the French media.
Text messages have long been accepted as official proof in murder and other criminal trials in France, and the new decision extends such practice into family law. Emails are also accepted as evidence.
If the judge is not convinced, a divorce will be pronounced only after two years of living separately. Up until 2004, French law required couples to wait six years.
Over 273,000 marriages and nearly 135,00 divorces were registered in France in 2007, according to government data – meaning that half of all marriages were likely to end in divorce.
Lawyers hailed the high court’s latest ruling.
“It’s a very good decision,” said Paris divorce attorney Laurence Mayer, adding it facilitates collecting evidence. “I tell my clients: If they receive text messages with insults, threats, various things ... go and register that” with the justice authorities.
The June decision overturned a 2007 ruling by a Lyon court, declaring the use of phone exchanges in court a breach of privacy.
It was unclear whether courts could force spouses to retrieve deleted messages with the help of mobile phone operators.
Wireless phone operator Orange said it was technically possible to retrieve a deleted phone message for up to 10 days after it was sent, but a court order was necessary to do so without the client’s consent.
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