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PacisLexis Family Law
DIVORCE & SEPARATION
Domestic Abuse Lawyer for Expats in France
Expats relocating to France often face myriad challenges—navigating a new language, adapting to cultural norms, and grappling with administrative complexities. When domestic abuse emerges, these struggles intensify. As a foreigner, you may be unfamiliar with French legal processes, lack local support networks, or fear jeopardizing your visa or residence permit. That’s where an expat-focused lawyer becomes indispensable.
Lawyer for dads
The issue of fathers’ rights in family courts is a complex and often contentious area of law, significantly impacting the lives of children and parents alike.
With growing recognition of the importance of both parents in a child’s upbringing, legal systems in various countries have evolved to address these concerns more equitably.
This article explores the legal landscape for fathers in family courts, focusing on the UK and France.
By examining questions around legal aid, parental rights, custody arrangements, and the nuances of parental responsibilities and restrictions, we aim to provide a comparative analysis that sheds light on how each country supports fathers in their roles.
Effects of divorce on children
Divorce is a complex and multifaceted process that can have serious impacts, particularly for the children involved. In France, where divorce rates have risen steadily over the years, there is a growing recognition of the need to understand and address the effects of divorce on children.
PacisLexis Family Law
CHILD LAW
Child custody
In France, when a couple is getting a divorce, agreeing on child or children custody is a turning point and disputes raise. In France, couples have 2 options: either they find a joint solution or the family Court Judge will settle the dispute.
Whatever the dispute solution is, parents will have to come to an agreement based on 3 types of custody: “la garde Classique” or flexible custody arrangements in english, “la garde alternée” or joint residency in English et la “garde réduite” or sole custody in English.
Third party and grandparents rights
When families break down, a minor can find himself in a middle of conflicts and distanced from their relatives and siblings such as the grandparents.
Parents have parental responsibility for their child(ren) opposed to grandparents who don’t automatically have parental responsibility and they are referred as third parties.
Surrogacy
Surrogacy, also known as surrogacy or “GPA” (Gestation Pour Autrui), involves a contractual arrangement between a woman, commonly referred to as a “surrogate mother,” and a couple known as the “intended parents.”
In surrogacy, a couple can hire the services of a surrogate mother to carry and give birth to a child on their behalf. Subsequently, the surrogate mother relinquishes custody of the child to the intended parents upon the child’s birth.
PacisLexis Family Law
Criminal family law
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.
Domestic abuse
In France, domestic abuse is referred to as “violences conjugales” or “violences au sein du couple.” It encompasses a range of behaviours that occur within a domestic or marital relationship and can include physical violence, psychological abuse, emotional abuse, sexual abuse, and economic control.
The definition and legal consequences of domestic abuse in France are primarily governed by the French Civil Law and the French criminal Law (‘’Code Pénal). The specific legal provisions related to domestic abuse can be complex and may vary depending on the circumstances and the severity of the abuse.
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PacisLexis Family Law
Financial matters
Civil partnership agreement
What is a PACS in France?
PACS stands for civil partnership between two people who do not wish to get married but look for a legal recognition. PACS is available to both same-sex or opposite-sex couples.
In France you can go to your town hall to register a PACS but also to bring it to an end whenever you want. In England to end a civil partnership, you have to wait until it has lasted for at least a year.
Calculating child maintenance payments
Child maintenance calculations can vary between countries, and both France and the UK have their own systems for determining child maintenance payments.
United Kingdom (UK):
In the UK, child maintenance payments are typically determined by the Child Maintenance Service (CMS), which is a government agency. The CMS uses a formula to calculate the amount of child maintenance that the non-residential parent (the parent who doesn’t have the main day-to-day care of the child) should pay. The formula considers factors such as the non-residential parent’s gross income, the number of children involved, and the number of nights the children spend with the non-residential parent.
Spousal maintenance
Only spouses so married couples may be entitled to a maintenance claim or to pay for spousal maintenance and your lawyer’s firm can help you calculate the award.
Spousal maintenance definition:
Spousal maintenance is a payment paid by a spouse to the other spouse if a spouse doesn’t have enough income after you’re separated from the other.
When a spouse has much higher income than the other, there may need to be a period of ongoing financial support in order not to affect the well-being of the other.
The paying spouse is the debtor and the one receiving the allowance is the recipient.
PacisLexis Family Law
LEGACY
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PacisLexis Family Law