French Code of civil procedure
In forceOn pain of inadmissibility, the pre-trial judge shall be seised of applications relating to the interim measures provided for in Articles 254 to 256 of the Civil Code made in a section separate from the applications on the merits, in the referral document or under the conditions provided for in Article 791.
The parties, or the sole party constituted, who waive the right to make an application for interim measures within the meaning of the article 254 of the Civil Code shall indicate this to the judge before or at the orientation hearing. Each party, under the conditions of article 789, nevertheless retains the possibility of making an initial application for interim measures to the Pre-Trial Judge until the close of the hearing.
If one or more of the interim measures provided for in articles 254 to 256 of the Civil Code are requested by at least one of the parties, the Pre-Trial Judge decides.
At the hearing on the provisional measures, the parties appear assisted by their lawyer or may be represented.
They may make oral submissions in support of their claims. The provisions of the first paragraph of Article 446-1 shall apply.
When ordering provisional measures, the judge may take into consideration agreements that the spouses have already reached with each other.
The judge shall specify the effective date of the provisional measures.
