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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).
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
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
Comparison table regarding housing and belongings following a separation
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
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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
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