Divorce and separation

The network’s lawyers can intervene in divorce proceedings when both, or one spouse wishes to end the marriage.

There are various divorce procedures in France:

«By mutual consent »

Both spouses agree to end the marriage and also agree on the divorce’s legal consequences (care and housing of children, alimony, child support, who keeps the house/apartment, compensatory payment)

The network’s lawyers establish a divorce agreement, and register it with the family affairs judge so that it can be entered into law.

Contested procedures

Divorce by « acceptation du Principe de rupture du marriage »: The idea of ending the marriage is accepted by both spouses, by they have been unable to reach and agreement on its judicial consequences (division of property, child guardianship, etc.).
The request for a divorce is initiated as when both parties agree, but a preliminary « conciliation » hearing takes place during witch the spouses may decide to remain together, or to go ahead with the divorce. In that case a « non-conciliation » ordinance is used which allows the divorce proceedings to move forward and to determine provisional measures that will govern the separation.

Divorce due « definitive alteration of the marital link »: when one of the spouses, is opposed to the idea of a divorce, the divorce can nonetheless be granted if the two parties have not lived together for at least two years.
Divorce based on torts (infidelity, etc.)

The network’s lawyers can also submit procedures to separate spouses’ material goods, thus defacto freeing each spouse to live separately, without legally dissolving the responsibilities and obligations based upon being married.

Separations outside the marriage framework

In case of a separation outside framework of a marriage, the network’s lawyers can help you present a case to the Family Affairs judgeto determine:

• Where under age children shall live, each spouse’s visitation rights, and place of domicile;
• Which spouse shall have parental authority;
• Who shall live in the initial marital place of residence;
• Amount of child support to be paid;
• Lawyers of the network can also appeal the family judge’s decision to an appellate court.

PACS

The network’s lawyers can advise and assist you in the writing of your PACS convention.