The rumor, with its hints of misogyny, was repeated on social networks, praising the “genius” of Achraf Hakimi. The PSG defender and Moroccan international, in the process of divorcing his wife, Hiba Abouk, is said to have “put all his fortune under his mother’s name a long time ago”, which would prevent his ex-wife from having ” half of his property and his fortune. In early March, the footballer was indicted for rape by the Nanterre prosecutor’s office.
These very viral claims, shared without proof, and especially without knowledge of either the country where the wedding took place or the regime under which the couple married, were relayed from a tweet from the Ivorian account First Mag, published April 13. The post was later taken up as is, citing other dubious sites or accounts that share the claim, still without proof.
Statements “with serious consequences”
For Claude Dumont Beghi, a lawyer in international law and family law, these assertions are serious: “They have serious consequences because if we follow the reasoning, that would mean that he would have organized his insolvency, that casts doubt on his loyalty, his good faith. If there is no evidence, it is defamation,” she insists, adding that if she was the person concerned, she would sue either for defamation or for intent to harm.
In family and divorce law, these assertions do not make sense. First there is an unknown: Achraf Hakimi and Hiba Abouk got married “in secret” shortly before the birth in February 2020 of their first child, explained the Spanish actress in the hola-magazine. There is therefore no certainty about the matrimonial regime under which they were able to marry. And this is a fundamental point in the event of divorce, since according to this regime, the rules for the division of property are not the same.
The unknown of the matrimonial regime
It is possible to assume that the couple married in Spain, the country where they were both born. The matrimonial regime is similar to that of France. “The principle is that, if there is no marriage contract, the legal regime is community of property,” says Claude Dumont Beghi. Given the fortune of Mr., he had to marry under the regime of separation of property and make a contract. »
Sharing “half of the property” (common property acquired during the marriage), “this is valid when one is married under the community regime, that is to say without prior contract”, she supports, which is highly unlikely here. The lack of information on the matrimonial regime and the assertion that a person in divorce proceedings finds himself before a judge without having the elements of the file beforehand “show that these assertions are gratuitous and purely fanciful”.
The French judge may have jurisdiction
Moreover, “the habitual residence was France for the couple [– qui habitait à Boulogne-Billancourt depuis le transfert au PSG d’Achraf Hakimi en 2021-] and that as it stands, the French courts in the context of divorce are competent, it is the Brussels II regulation, ter, article 3 [relatif à la compétence, la reconnaissance et l’exécution des décisions en matière matrimoniale et en matière de responsabilité parentale dans l’Union européenne] And article 309 of the Civil Code that apply”, continues the lawyer. In an interview with the Spanish magazine instyle in March 2023, the actress shared that she was living in Paris, but missed Madrid and would like to “come back there soon”.
That is to say that, a priori, it is the French judge who is competent to apply French law in this case. In which case, after three years of marriage, “a compensatory allowance to compensate for the standards of living, induced by this separation, according to the needs etc., will have to be paid, it is classic, comments Claude Dumont Beghi. It is not possible to say that Madame will have nothing. »