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Reasons for a separation
Paperwork to separate
Financial matters of a separation
Things to consider regarding the children
PacisLexis Family Law
Separation lawyer
Separation means ending your relationship or stopping living together.
Regarding the French Law, there are differents ways and obstacles to separate depending if you’re married, in a French PACS or cohabitation (French civil partnership).
Therefore, there is different ways to end the relationship:
- Divorce is to permanently end your marriage and you or your partner can apply.
- PACS dissolution is to permanently end your ‘civil partnership’ and you and your partner both must send the request of dissolution to the civil service where they got ‘pacsed’.
- Cohabitation dissolution has no obligation regarding the French Law. In some case a damage compensation can be asked.
In the UK, if you’re married less than a year, you can’t get a divorce or dissolution yet.
You only can get a legal separation.
Separation lawyer
Reasons for a separation
What type of divorce or options I've got regarding the French law?
In France, 4 types of divorce exist:
- Legal mutual agrement divorce (article 230 à 232 du code civil) or lawyers agreement (article 229-1 à 229-4 du code civil): a legal mutual agreement divorce regarding the French law means that both partners agreed to get a divorce but did not agree on the financial matters regarding the divorce.
- Mutual agreement divorce : both partners agreed to divorce and also agreed on financial matters (article 233 à 234 du code civil),
- ‘Irreparable breakdown of the marriage’ in France means no-fault divorce in other countries (article 237 à 238 du code civil). For instance, both parnters have lived apart for a while. The spouse receiving the divorce petition cannot object to the other party’s petition for a no-fault divorce. That objection itself can be viewed by Courts as an irreconcilable difference.
- A fault-divorce (article 242 à 246 du code civil),
Reasons for separation are various and are based on you and your partner’s reasons (see hereafter a table showing the different options).
Can we separate?
Can we separate?
Can we separate?
Can we separate?
You have 2 choices:
- Mutual agreement divorce
- Lawyers divorce
When you already have lived apart for more than a year, you can ask family law Courts to get divorced for 'irreparable breakdown of the marriage.'
a fault-divorce is also possible
You need to consider a mutual agreement divorce or a 'irreparable breakdown of the marriage.'.
Separation lawyer
Paperwork to get separated
Depending if you’re married, in a civil partnership or cohabitation it can be more or less difficult.
Please find below a comparison table to understand what to do to get separated
For a mutual agreement with lawyers, going to Family law Courts is not compulsory
For a no-fault or fault-divorce especially with minors going to family law Courts is compulsory
When spouses agree to divorce their lawyers have to write a statement of divorce
When you have a child asking the Courts a hearing, a Family law judge has to agree on that statement
2nd scenario: no-fault or fault-divorce and mutual agreement: When spouses object the reasons for divorce, they have to go to Court.
A hearing with a family law judge related to the objection will happen. The Court will then will issue a decision.
In case of a fault, no-fault and mutual agreement divorce, both partners have to get their own lawyer (article 229-1 du code civil).
When both partners agree on every aspect of the divorce they can get the same lawyer
In every other situation, spouses have to get their own lawyer.
Other paperwork can be needed depending on the divorce. For instance, evidence involving witnesses will be asked (adultary, abuse...)
Any change in your circumstances is compulsary in your civil registration. This will allow other third parties to legally know you got divorced
For fault and no fault divorce: when Courts serve the final order
For a fault and no-fault divorce depending on your county and Courts, hearings, trials and social investigations, between a year and 3 years
Except partners don't agree on financial and residential matters they got together during their civil partnership
They have to file their request to the civil registration, notaire, ambassy... where they did the registration at the first place.
2nd scenario: Only one partner wants to get separated
He/she has to file his/her request to the civil registration or legal office where he/she did the registration at the first place.
A legal certificate of dissolution is required
This will let third parties to know about changes in your situation.
French civil partnership immediately ends when receiving the dissolution certificate.
except partners don't agree on financial and residential matters they got together during their civil partnership
Please note that if the separation is considered as unfair or brutal, one of the partner can ask for damages compensation.
Separation is complete when both partners want to.
Separation lawyer
Financial matters after separation
Dividing up money and belongings
Living together means you share assets, expenses, home or property.
When you separate, you’ll need to think about how to divide your money and belongings.
Two of the biggest decisions you’re likely to make are what to do with your home and how to divide up any pensions – if you have them.
Comparison table regarding financial matters following a separation
article 266 French Law article says that in case of fault divorce or for 'irreparable breakdown of the marriage' getting a compensation is possible.
expect if agreement between partners
Article 1240 French Law article mentions in case of damages a partner can ask for a compensation
expect if agreement between partners
Article 1240 French Law article mentions in case of damages a partner can ask for a compensation
Comparison table regarding housing and belongings following a separation
Who it belongs to?
Who it belongs to after a divorce or separation?
Who it belongs to after a divorce or separation
In case this house is the marital home, French Courts can forced the landlord to give tenancy to the other partner.
If this house is the main marital home then Courts can decide to give it to one of the partner. The other has to pay it out.
In that saying, both partners are responsible for arrears. The landlord could ask both to clear out the arrears.
expect if agreement between partners
Article 1240 French Law article mentions in case of damages a partner can get a compensation
Separation lawyer
Things to consider regarding children in case of a divorce or separation
Are there different effects on children depending the type of separation or divorce?
No!
E.ffects on children do not depend whether you’re married, in a civil partnership or cohabitation.
Child care arrangements after divorce or separation
Several arrangements have to be considered regarding children:
– Parental responsability
– Child maintenance: Child maintenance covers how your child’s living costs will be paid when one of the parents does not live with the child. It’s made when you’ve separated from the other parent or if you’ve never been in a relationship.
– An agreement must be address as anwsering questions like:
- Which parent will the children live with for most of the time?
- How much time will they spend with the other parent?
- When and how will this contact take place?
- What other contact will take place (e.g. phone calls)?
To help you
and to care
PacisLexis Family Law
You want to learn more about separation & divorce?
Whether you’re married, in a civil partnership or cohabitation, do not hesitate to contact our firm regarding every aspect of a separation.
After a 15 mn free-call back, we will offer you a call back rate if needed.
PacisLexis Family Law
Our articles about divorce & separation
How to get divorced
According to article 227 of the Civil Code, marriage ends by the death of one of the spouses or by getting a divorce.
Getting a divorce is legally ending your marriage. Divorce means that you will no longer be legally joined to your partner.
A study carried out by INSEE highlights an increase in the rate of divorced couples. Indeed, the divorce rate was 10 % in 1970, reached 52 % in 2005 to drop to 44 % in 2014. The longer the marriage lasts, the lower the chances of divorce.
There are several types of divorce. Choosing the best option can be difficult, this is why it is important to know your rights and duties.
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