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PacisLexis Family Law
DIVORCE & SEPARATION
Why a will is not enough?
Drafting a will is a fundamental step in estate planning. However, relying solely on a will may not adequately address the complexities of asset distribution, especially when considering the differing legal frameworks of France and common law countries like the UK or the US. In France, the concept of “forced heirship” imposes strict rules on asset distribution, potentially overriding personal wishes expressed in a will.
Cohabiting couples
In France, cohabiting is the simplest and freer legal solution. The French word for cohabitation is “concubinage”.
According to the French civil law article 515-8, cohabitation is defined as two same-sex or different people, who are unmarried or not in a civil partnership living together in a long-term relationship.
Splitting up when you’re cohabiting is legal-consequence free except if there is a serious ground.
Contested divorce
In France there are 2 types of divorce: contested divorce and mutual consent divorce or non-contested divorce. Contested divorce involves no-fault divorce, irretrievable breakdown of marriage and fault grounds. Non-contested divorce involves mutual consent divorce.
In a contested divorce you will have to attend court, whereas mutual consent or non-contested divorce only involves the spouses, their lawyers and a Notary.
A contested divorce is a type of divorce where partners can’t come to an agreement on the terms of the divorce leading to cease the family law judge.
PacisLexis Family Law
CHILD LAW
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PacisLexis Family Law
Criminal family law
What is the difference between a will and a trust?
When it comes to estate planning, understanding the difference between a will and a trust is crucial. A will is a legal document that outlines how your assets should be distributed after your death and can designate guardians for minor children. In contrast, a trust is a legal arrangement where a trustee holds and manages assets on behalf of beneficiaries, which can take effect during your lifetime or upon your passing. While both serve to distribute your assets, they differ in terms of when they take effect, how they are managed, and the legal processes they follow.
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PacisLexis Family Law
Financial matters
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PacisLexis Family Law
LEGACY
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PacisLexis Family Law