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PacisLexis Family Law
DIVORCE & SEPARATION
Financial abuse lawyer – Recognising and responding under French law
Financial abuse—also known as economic violence—is an often-overlooked form of domestic mistreatment, yet it leads to deep harm on victims. In France, such abuse is recognized under both civil and criminal law. The Law of 4 April 2006, amended in 2010, officially defines “economic violence” (violence économique) within marital relationships. Since 2018, economic violence also became punishable under the Criminal Code (Article 222‑16‑3‑1), with penalties of up to three years’ imprisonment and €45,000 fine.
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.
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.
PacisLexis Family Law
CHILD LAW
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.
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.
Adoption
In France there are 2 types of adoption.
In the UK there are 4 main types of adoption: fostering to adopt, adoption of a child from foster care, non-agency adoption and overseas adoption.
In the US, there are 5 types of adoption: adopting through the Child Welfare system (foster care), private adoption, international adoption, relative adoption and adult adoption.
PacisLexis Family Law
Criminal family law
Blockchain and Smart Contracts in Prenuptial Agreements
Blockchain technology and smart contracts are reshaping the landscape of marital agreements, offering a modern approach to prenuptial planning.
Through automated execution, enhanced transparency, and immutable records, these digital tools provide couples with a reliable and efficient method for defining financial arrangements.
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PacisLexis Family Law
Financial matters
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.
Divorce with a business involved
The life of a company is shaped by economic and legislative changes, but these elements do not determine a company’s viability. Indeed, financial and management issues can come up when getting a divorce.
Despite private and emotional issues a business owner may have, you can face financial and legal consequences putting your company at risk.
When getting a divorce, the company’s future will be based on your matrimonial property regime and contractual agreements.
PacisLexis Family Law
LEGACY
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PacisLexis Family Law