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PacisLexis Family Law
DIVORCE & SEPARATION
Debt division in divorce who is responsible
Divorce is a challenging process that involves emotional, financial, and legal complexities. One of the key concerns for separating couples is debt division. Who is responsible for shared debts? How do laws differ between France and other countries? Understanding these aspects can help individuals navigate divorce proceedings more effectively.
Men divorce lawyer
In discussions surrounding legal proceedings such as divorce, custody battles, and instances of abuse, the focus often tends to gravitate towards women’s experiences. However, it’s imperative to acknowledge that men too face unique challenges and complexities in these realms.
Marriage annulment
Annulment in France has largely increased. There were 449 annulments granted in 1995 against 740 in 2004.
Annulment or nullity definition:
You can annul a marriage for a number of reasons. For an annulment to be granted, a marriage must be either void or voidable.
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
Getting divorced who gets the house
Dividing assets during a divorce is often one of the most contentious issues. In France, divorce affects approximately 45% of marriages, and one of the primary concerns for couples is determining who gets the marital home. This issue becomes even more complex when international assets are involved, as laws vary significantly across jurisdictions.
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