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PacisLexis Family Law
DIVORCE & SEPARATION
Non custodial parent lawyer
When parents separate or divorce, one of the most sensitive and contested issues is child custody. In almost every jurisdiction, courts prioritize the best interests of the child when making decisions about living arrangements, visitation schedules, and financial support. This often results in one parent becoming the custodial parent—the parent with whom the child lives most of the time—and the other becoming the non-custodial parent.
Choosing the applicable divorce Law
If you are an expatriate couple considering divorce in Europe, understanding how to choose the applicable law is crucial. The Rome III Regulation—in force for certain EU countries—gives spouses the right to choose which national law will govern their divorce or legal separation. But the process can be tricky, especially for couples with ties to different countries or different legal traditions—like French civil law and common law systems.
Conditional order
A conditional order is a legal document issued by a court outlining specific conditions that must be fulfilled before a final decision or decree is granted. It is commonly used in legal systems like those in England and other Common Law jurisdictions. Conditional orders are particularly prevalent in divorce cases, where they represent an intermediate stage confirming that the applicant is entitled to a divorce but must meet certain requirements before finalizing the process.
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
Premarital agreement
Marriage is more than a romantic commitment; it’s also a legal and financial partnership. For international couples, expats, or anyone with property and ties across borders, marriage brings complex legal consequences that differ dramatically between countries. That’s where an international prenuptial agreement (also called an “international prenup” or “marriage contract”) comes in.
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PacisLexis Family Law
Financial matters
High net worth divorce
Divorcing is financial and time consuming and is also emotionally difficult.
In France, high net worth divorces are more complex due to the nature and size of the assets but also depending on the matrimonial property regime chosen in the first place.
Moreover, in a high net worth divorce, spouses have become used to a high standard of living too and their needs and expectations are thus different to a standard divorce.
As the expectations are higher, disputes can also be more important.
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.
PacisLexis Family Law
LEGACY
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PacisLexis Family Law