Leading Divorce and Child Proceedings Lawyers in Tunisia

London

+44 207 183 9482

Get in touch if you require any furthur information or assistance, we'd love to help.

Get A Call Back Today

Divorce

Giambrone can provide legal advice on: 

  • Divorce;
  • Tunisian child abduction;
  • Forced marriage cases;
  • Custodial parent rights;

A) Divorce by Mutual Consent
This is similar to divorce by mutual consent under European laws.

B) Divorce for Fault
This occurs when one spouse is at fault for violating marital duties, such as adultery or violence. The court reviews these allegations. This is similar to the French fault divorce.

C) Divorce at the Request of Either Spouse (Divorce Caprice)

This is similar to a divorce based on irretrievable breakdown of the marriage.

Child Proceedings

During the divorce proceedings, the judge will determine which spouse will have custody of the children, if either, and establish the type and amount of Guardianship and Custodial duties each parent must undertake

In Tunisia, the concept of parental authority does not exist, on the one hand there is legal guardianship, most often exercised by the father (art. 153 and 154 of the CSPT), on the other hand, custody, which is generally exercised by both parents during the course of their marriage. (art. 57 of the CSPT).

The mother can, "have a right to oversee the affairs of a child, providing education and ensure the children attend school. "(Art. 60 of the CSPT)

In the event of divorce, custody is assigned to one of the parents or to a third party according to the best interests of the child (art. 67 of the CSPT). The conditions to be met by the holder of custody rights are set out in Article 58 of the Tunisian Personal Status Code. Thus the guardian must:

  • Be of legal age and of good character. Be capable of taking care of the child, and also be free from a contagious disease

  • If a man is appointed guardian he must have at his disposal a woman who assumes the responsibilities of custody.

  • The guardian must be related to a female infant to a certain level, if it is a man, for example, he could be the child's uncle

  • If a woman is appointed she must be unmarried, unless the judge considers this to be contrary to the best interests of the child, or if her husband is related to the child or guardian.

  • Be of the same religious denomination as the father, unless the child is over five years old and there is a guarantee that the child is to be brought up in the same religion as their father.


Request A Call Back

To request a call back or to arrange an appointment with one of our lawyers, please provide us with your contact details below and we will reach out to you to discuss your matter further.

Giambrone is an award-winning full-service law firm operating through a network of offices

Giambrone welcomes clients from around the world in relation to all aspects of law. Our multi-lingual lawyers based across Europe can assist clients in complex situations, bringing the capacity to discuss critical issues in our client's own language. Giambrone's law team includes members of the international Bar Association, as well as other international law organisations.

Enquire Now

Get in touch if you require any furthur information or assistance, we'd love to help.

Get A Call Back Today

Giambrone & Partners

12 Bridewell Place

London

EC4V 6AP

United Kingdom

London

+44 207 183 9482

Meet The Team

Get In Touch

Dhouha Allagui

Partner - Tunis

Amine Allagui

Office Manager - Tunis

Saber Ben Ali

Client Services Executive - Tunis

Chayma Bousetta

Partner - Tunis

Tammam Mohamed Ali

Client Services Executive - Tunis

BEST FULL SERVICE LAW FIRM OF THE YEAR

Finance Monthly Awards

LAW FIRM OF THE YEAR IN THE ISLES

Top Legal Awards

CONTENTIOUS TRUST AND ESTATES TEAM OF THE YEAR

British Legal Awards (Shortlisted)

CROSS BORDER LITIGATION LAW FIRM OF THE YEAR 2024

Corporate INTL

JAPAN PRACTICE FOREIGN LAW FIRM OF THE YEAR 2024

Asian Legal Business Awards

Why Giambrone?

For over 20 years our family law department has been providing assistance to individuals in connection with divorce and family law issues in Tunisia. 

Our multi-lingual family law team includes members of the International Bar Association, as well as other international family law organisations, and has well-established connections with international law firms worldwide enabling us to successfully manage even the most complex cross-border divorce and child proceedings cases in Tunisia as well as across multiple jurisdictions. 

At Giambrone we have a specialised children department with specific competencies in international children’s law and can also advise on financial disputes, civil partnerships, cohabitation issues and associated property disputes.

Souha Cheikh

Administrative Assistant - Tunis

Leading Divorce and Child Proceedings Solicitors in Tunisia

Our team of Tunisian family lawyers specialises in advising foreign clients on divorce, ancillary relief, judicial separation, child proceedings, and other family law matters throughout Tunisia. In addition to these services, we handle special guardianship orders, financial disputes, civil partnerships, cohabitation issues, and property disputes.

With extensive experience in complex financial issues, our lawyers assist clients dealing with diverse sources of income. We also offer guidance on family and children’s law, including custodial parental rights, alternative family structures, and international children’s law involving multiple jurisdictions.

We welcome clients of all nationalities, and our multilingual lawyers are equipped to assist with complex cross-border divorce cases.

Our goal is to provide solutions that minimise the distress associated with marriage breakdowns.

In Tunisia, family law is governed by the Code of Personal Status. The rules for divorce under Tunisian law are outlined in Articles 29 and beyond of the Code. According to Article 31, divorce can be granted in three cases:

This latter requirement does not apply when custody is entrusted to the mother of the child.

Giambrone’s family law team includes members of the International Bar Association and other prestigious international family law organisations, with extensive connections to law firms across the globe, we are well-positioned to assist you.

Leading Divorce and Child Proceedings Lawyers in Tunisia

+44 207 183 9482

London

Leading Divorce and Child Proceedings Solicitors in Tunisia

Our team of Tunisian family lawyers specialises in advising foreign clients on divorce, ancillary relief, judicial separation, child proceedings, and other family law matters throughout Tunisia. In addition to these services, we handle special guardianship orders, financial disputes, civil partnerships, cohabitation issues, and property disputes.

With extensive experience in complex financial issues, our lawyers assist clients dealing with diverse sources of income. We also offer guidance on family and children’s law, including custodial parental rights, alternative family structures, and international children’s law involving multiple jurisdictions.

We welcome clients of all nationalities, and our multilingual lawyers are equipped to assist with complex cross-border divorce cases.

Get in touch if you require any furthur information or assistance, we'd love to help.

Get A Call Back Today

Divorce

Giambrone can provide legal advice on: 

  • Divorce;
  • Tunisian child abduction;
  • Forced marriage cases;
  • Custodial parent rights;

A) Divorce by Mutual Consent
This is similar to divorce by mutual consent under European laws.

B) Divorce for Fault
This occurs when one spouse is at fault for violating marital duties, such as adultery or violence. The court reviews these allegations. This is similar to the French fault divorce.

C) Divorce at the Request of Either Spouse (Divorce Caprice)

This is similar to a divorce based on irretrievable breakdown of the marriage.

Our goal is to provide solutions that minimise the distress associated with marriage breakdowns.

In Tunisia, family law is governed by the Code of Personal Status. The rules for divorce under Tunisian law are outlined in Articles 29 and beyond of the Code. According to Article 31, divorce can be granted in three cases:

Child Proceedings

During the divorce proceedings, the judge will determine which spouse will have custody of the children, if either, and establish the type and amount of Guardianship and Custodial duties each parent must undertake

In Tunisia, the concept of parental authority does not exist, on the one hand there is legal guardianship, most often exercised by the father (art. 153 and 154 of the CSPT), on the other hand, custody, which is generally exercised by both parents during the course of their marriage. (art. 57 of the CSPT).

The mother can, "have a right to oversee the affairs of a child, providing education and ensure the children attend school. "(Art. 60 of the CSPT)

In the event of divorce, custody is assigned to one of the parents or to a third party according to the best interests of the child (art. 67 of the CSPT). The conditions to be met by the holder of custody rights are set out in Article 58 of the Tunisian Personal Status Code. Thus the guardian must:

  • Be of legal age and of good character. Be capable of taking care of the child, and also be free from a contagious disease

  • If a man is appointed guardian he must have at his disposal a woman who assumes the responsibilities of custody.

  • The guardian must be related to a female infant to a certain level, if it is a man, for example, he could be the child's uncle

  • If a woman is appointed she must be unmarried, unless the judge considers this to be contrary to the best interests of the child, or if her husband is related to the child or guardian.

  • Be of the same religious denomination as the father, unless the child is over five years old and there is a guarantee that the child is to be brought up in the same religion as their father.


This latter requirement does not apply when custody is entrusted to the mother of the child.

Giambrone’s family law team includes members of the International Bar Association and other prestigious international family law organisations, with extensive connections to law firms across the globe, we are well-positioned to assist you.

Request A Call Back

To request a call back or to arrange an appointment with one of our lawyers, please provide us with your contact details below and we will reach out to you to discuss your matter further.

Giambrone is an award-winning full-service law firm operating through a network of offices

Giambrone welcomes clients from around the world in relation to all aspects of law. Our multi-lingual lawyers based across Europe can assist clients in complex situations, bringing the capacity to discuss critical issues in our client's own language. Giambrone's law team includes members of the international Bar Association, as well as other international law organisations.

Enquire Now

Meet The Team

Get In Touch

Dhouha Allagui

Partner - Tunis

Amine Allagui

Office Manager - Tunis

Saber Ben Ali

Client Services Executive - Tunis

Chayma Bousetta

Partner - Tunis

Tammam Mohamed Ali

Client Services Executive - Tunis

Souha Cheikh

Administrative Assistant - Tunis

Get in touch if you require any furthur information or assistance, we'd love to help.

Get A Call Back Today

Giambrone & Partners

12 Bridewell Place

London

EC4V 6AP

United Kingdom

London

+44 207 183 9482

Why Giambrone?

For over 20 years our family law department has been providing assistance to individuals in connection with divorce and family law issues in Tunisia. 

Our multi-lingual family law team includes members of the International Bar Association, as well as other international family law organisations, and has well-established connections with international law firms worldwide enabling us to successfully manage even the most complex cross-border divorce and child proceedings cases in Tunisia as well as across multiple jurisdictions. 

At Giambrone we have a specialised children department with specific competencies in international children’s law and can also advise on financial disputes, civil partnerships, cohabitation issues and associated property disputes.