By a decision dated December 13, 2017, the Court of cassation underlined, citing article 373-2-12 paragraph 3 of the Civil Code, that the social survey cannot be used in the debates related to the grounds for divorce.
In this case, the wife blamed her husband for failing to fulfil his marital duties and obligations as he had refused her access to the marital home after she had been hospitalized. The grave and repeated violation of the marital duties and obligations constituting a fault susceptible to be the ground for divorce can theoretically be proven by any means, in application of article 259 of the Civil Code. However, the wife, to prove her allegations, was referring in this case to the social survey report according to which her husband had recognized what she blamed him for.
The Court of cassation underlined the very explicit terms of article 373-2-12 of the Civil Code related to the expertise measures that can be ordered in proceedings related to parental authority and thus indicated that the social survey cannot be used in the debates pertaining to the grounds for divorce.
One should also note that said article 259 of the Civil Code also excludes the possibility for a child to be heard regarding the grievances invoked by the spouses during their divorce. In the same way, articles 259-1 and 259-2 of the Civil Code rule out the production of elements of proof that would have obtained through violence or fraud, in violation of the domicile or by an illicit invasion of one's privacy.