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PacisLexis Family Law
Online divorce lawyer
In France, “le divorce en ligne » or online divorce in English is misleading.
In France, online divorce does not exist. If it’s possible to carry out the paperwork related to uncontested divorce, in France, the spouses along with their respective lawyers must have a face-to-face meeting to sign their uncontested divorce agreement. IT IS IMPOSSIBLE TO AVOID THIS MEETING.
Being aware of this, online divorce is possible only for uncontested divorce in France. It allows spouses to separate quickly and at a lower cost.
Online divorce is recommended in the following situations: spouses without children, no assets, spouses who get on well despite being separated or at least an equivalent to the French uncontested divorce where they live.
Online divorce lawyer
Getting an online divorce
When getting an online divorce?
In a divorce context, a global mutual consent agreement refers to a divorce settlement or agreement that addresses all relevant issues between the spouses, such as the division of property, child custody and support, maintenance, and any other related matters. This type of agreement aims to provide a comprehensive and mutually acceptable resolution to all the issues that arise during a divorce.
Getting an online divorce is only possible for uncontested divorce in France.
Learn more :
Can you still use my married name after divorce?
No! as an exception, Yes!
In France you have to change back to your maiden name once divorced.
However, you can keep your married name after divorce if your ex-partner signs an agreement to allow it.
This agreement can be set for a limited period of time for example until the youngest child turns 18. The use of a married name can also be limited to professional activities.
If spouses cannot come to an agreement, the family law judge will decide.
This is completely different in the UK.
You’re free to keep your maiden name if you’re getting married and also free to keep your married name after divorce. Within the divorce application you’ll be asked whether you want to keep your married name or not so there is no obligation to change your name.
In France, what is called ‘information form’ for minors?
With minors:
in France, when getting a divorce, you can fill a form allowing children to be heard. Only children with ‘discernment’ can be considered.
In France, the parliament has not defined an age for a child to be heard. This is a case-by-case matter so it’s necessary to talk about it with your family law lawyer.
In France, a child with discernment must have: maturity, ability to analyse and understand the situation etc.
Anyway, in French divorce proceedings if a child wants to be heard, spouses cannot choose a mutual consent divorce.
Indeed, if a minor is not capable of discernment, your family law lawyer will advise you not to fill up the form.
With children over 18:
Regarding children over 18, there is no rule, they can choose where and with whom they want to live. Both parents can agree on a child maintenance when they are over 18 but financially dependend on them and they are at school still.
Can online divorce and spousal maintenance rule together?
If you agree to pay or receive spousal maintenance, getting an online divorce is not really recommended.
We advise you to discuss the matter with our family law firm.
Can I get spousal maintenance with an online divorce?
Yes!
Spousal maintenance is a payment that a spouse must pay to their former spouse as part of a divorce.
La ‘prestation compensatoire’ also spousal maintenance in English is an award given after a divorce and follows la pension alimentaire’ also spousal maintenance in English but ‘la pension alimentaire’ is an amount paid when spouses are separated but still married or not divorced yet.
If you don’t have an income after your divorce, you may be eligible for a maintenance claim, moreover if the incomes of both spouses are significantly different.
Spousal maintenance can be a lump sum but also an annuity (or pension).
In France, there are 5 ways to calculate spousal maintenance.
Choosing one can be tricky as it may vary a lot. To avoid these mistakes, our law firm works with an AI software, Case Law analytics.
When it comes to spousal maintenance whether you’re paying or receiving it, it is advisable to seek for a family law lawyer in order not to be disappointed.
Can I get an online divorce with assets and real estate?
Yes! The proceedings will be online.
With real estate such as an apartment or house, the Notary will dissolve the marital property regime you chose when getting married.
Without assets and estates, no need to involve a Notary to dissolve the marital property regime.
Is an online divorce suitable for an adult with a guardianship order?
No!
In France regarding the French law code article 229-2, a mutual consent divorce or uncontested divorce is impossible for adults with a guardianship order.
It follows the principle that adults with any kind of guardianship orders must be protected.
Online divorce lawyer
Online mutual consent divorce proceedings
Can I divorce online in France?
No!
Most of the proceedings for a mutual consent divorce can be digital such as: video chat with your family law lawyer, sending all the paperwork except birth & marriage certificates.
Despite most of the proceedings for a mutual consent divorce are digital, both spouses and their respective lawyers must physically meet to sign the divorce agreement.
In France, is it possible to have a joint lawyer for an online divorce?
No!
To get a divorce by mutual consent, each spouse must have their own lawyer.
This rule aims to protect the interests of the spouses.
It is not possible to escape it, even if the spouses agree to choose only one lawyer.
The lawyer will verify that the agreement protects not only the client’s assets, but also the best interests of any minor children.
Is possible to immediately divorce once reaching an arrangement?
No!
A mutual consent divorce agreement can not be signed immediately. The agreement must be served to spouses by each lawyer throughout a recorded letter or a digital form (AR24).
In France, it is not possible to sign a mutual consent divorce agreement immediately once the spouses agree on all the terms. There is a mandatory waiting period after the agreement is submitted to the court. This waiting period is typically a minimum of 15 days.
During this waiting period, either spouse has the opportunity to change their mind and withdraw their consent to the divorce. The waiting period is designed to ensure that both parties are absolutely certain about their decision to divorce and that they are not making impulsive choices.
After the waiting period has passed and both spouses maintain their consent, the court can issue the final divorce decree, officially dissolving the marriage. This waiting period is a legal requirement and is meant to protect the interests of both parties, especially when children are involved, by allowing for a period of reflection and potential reconciliation.
So, while the spouses may agree on all the terms of the divorce immediately, they still have to wait for the mandatory waiting period before the divorce is finalised.
Signing the agreement process
Regarding the French law code article 229, both spouses, along with their respective attorneys, sign the divorce agreement. This means they consent to the terms outlined in the agreement.
The spouses and their respective lawyers must be present to sign the agreement.
What are the steps once the agreement is signed?
Step n°1: The agreement is sent to a notarial office
Once the agreement has been signed off, the lawyer files it to a notarial office mentioned in the agreement.
Step n°2: the notary steps in
The notary’s main role is to ensure that Article 229-3 of the civil code is followed. Although the notary’s role may seem primarily formal, a circular from January 26, 2017, instructs notaries to alert lawyers when they come across clauses that are clearly illegal or violate public order.
The agreement must be filed among its ‘minutes’ within fifteen days.
Step n°3: Divorce notification
Once the divorce decree is finalised, it is necessary to notify various relevant entities and publish the divorce judgment, especially if there are real estate properties involved. This ensures that the change in marital status is recognised and recorded.
Can I divorce online in the UK?
Yes !
It’s up to you if you want a lawyer or solicitor to get involved but it’s not compulsory. If you and your ex-to-be partner agreed on the terms and make arrangements for assets and children.
As a result of no-fault or uncontested divorced, the divorce process has become digital. You can make an online divorce application.
You can apply for a divorce online or by post.
Here’s a general outline of the online divorce process:
– Eligibility:
You can apply for a divorce online if you and your spouse agree on the divorce, and you’ve been married for more than a year.
You must have valid grounds for divorce, such as adultery, unreasonable behaviour, desertion, separation with consent, or separation without consent for at least two years.
– Get your paperwork ready:
You need to have certain information and documents ready, including marriage certificate details, information about any children, and details of financial arrangements.
– Use the Online Service:
- Go to the official government website providing the online divorce service.
- Complete the online application, providing necessary details and information.
- Pay the relevant fee (£593).
– Receive Acknowledgment:
Once you’ve submitted your application, you’ll receive an acknowledgment and a case number.
– Apply for the Decree Nisi:
If your spouse agrees to the divorce, you can apply for a Decree Nisi. This is a legal document that says the court doesn’t see any reason why you can’t divorce.
– Apply for the Decree Absolute:
After six weeks and one day from the date of the Decree Nisi, you can apply for a Decree Absolute. This is the final legal document that ends your marriage.
– Receive the Decree Absolute:
Once the Decree Absolute is granted, your marriage is legally ended, and you will receive a document confirming this.
Online divorce lawyer
Online divorce advantages
Online divorce is less expensive
Online divorce proceedings is easier. You don’t have to go to Court or being physically present before the Notary. With an online divorce, lawyers have also less paperwork to issue.
Therefore this option is less expensive
More time to reconsider options
Under the uncontested or no-fault divorce laws in France, it gives couples the opportunity for additional time to consider their options and to walk their own path as with an online divorce the first stages are digital even appointments with your lawyer.
Online divorce lawyer
Online divorce disadvantages
Dealing with assets and estates
While divorcing through the online procedure or mutual consent divorce will legally end a marriage, there is no online procedure for drafting and filing orders confirming financial arrangements.
Getting a divorce without sorting out your financial matters and concerns can have reverse effects as well as international divorce, parental issues, business owners.
In such circumstances, we strongly recommend to benefit from personalised guidance.
I have no computer skills, is it wise to get an online divorce?
No!
If you’re not at ease with everything digital, we strongly advise you to go through a traditional divorce process (uncontested or contested divorce through Court).
How to avoid online divorce fraud?
Internet can be very dangerous for users who have never dealt with a lawyer.
If you choose an online divorce, make sure it’s a competent lawyer.
Sometimes customers contact our firm after a bad experience with online divorce. You may end up paying a new layer when your initial goal was precisely to save money.
To help you
and to care
PacisLexis Family Law
You want to learn more about online divorce?
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