Divorce "à la française" | Gregory Hanson

France – Divorce – simplification for non French – from 01 January 2021

Grégory HANSON — Fri, 01 Jan 2021 13:44:09 +0000

Spouses wishing to divorce with French Courts, no longer have to travel to France to be divorced.

From the 01 January 2021, divorce procedure in France is substantially simplified for spouses connected to France but with some international element, for instance married in France but living abroad, married abroad but at least one spouse is a French citizen.

Before 01 January 2021, it was compulsory for spouses wishing to divorce in France to travel to France which could prove complicated especially with the current travel restriction.

The procedure is now essentially a written one where spouses can be represented by a lawyer.

This considerably simplifies procedures particularly in non disputed divorces.

Our divorce packages start from 1500 € including VAT.

The practice is available to answer all your questions.

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How is the amount of child support determined by the Judge?

Grégory HANSON — Thu, 06 Sep 2018 07:26:22 +0000

Support is paid in the form of monthly instalment by the parent who doses not have custody to the one who does.

In case of shared custody, the Judge will only rarely grant support if there is a very substantial difference of income between parents.

There is no fixed scale established by statute.

Each judge will estimate the amount of monthly support necessary depending on the income and expenses of the parents, the age and needs of the child, the number of children.

For instance with an income of 2000 €/ Month a parent could expect to pay for one child between 150 and 300 € Month.

At any time until the child is capable of supporting itself, a parent can ask a judge to increase of reduce the amount of support depending on the changes in the situation of parents and child.

Obligation to pay child support does not stop when the child is 18. This obligation continues until the child is capable of subsisting alone (usually when studies are over).

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Does the Judge take into account the opinion of the children before deciding which parent will have custody?

Grégory HANSON — Wed, 06 Jun 2018 07:21:34 +0000

The child’s opinion will be taken in to account if the Judge believes he/she is in age of having a point of view. French Judges usually admit this capacity from the age of 7 or 8, depending on the maturity of the child. Theoretically the child can testify in Court but this is quite unusual. To avoid the trauma of a court appearance a lawyer “l’avocat de l’enfant” is usually appointed to represent the child, at the request of one of the parents.

This lawyer is paid by legal aid and is completely independent from the parents. He/she has received a special training on how to interview children and will speak in the name of the child during court hearings.
This is a relatively reliable way of giving the position of the child on custody, visitation rights etc…

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Can shared custody be ordered even if one spouse opposes to it?

Grégory HANSON — Sat, 05 May 2018 15:20:58 +0000

Traditionally in France Custody over children was given to the mother.

The father would have a visitation right usually two weekends a month plus half of the school holidays.

Sometimes, the father was granted an extra visitation day during the school week.

The father would have the obligation of paying child support to his ex wife.

During the last ten years shared custody has become a trend in France.

Even if the other spouse doses not agree, shared custody will be granted if it is possible from a practical point of view.

For shared custody to be granted:

parents must live sufficiently close to each other to allow the child to go to school and leisure activities without to much hassle,
both parents have a professional activity compatible with education of children (for instance: not implying night work or lots of traveling).

When it is granted judges usually order that the children spend alternately one week with each parent.

There will be no obligation of payment of child support unless there is a very substantial difference of income between parents.

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Is representation through a French lawyer mandatory in Divorce proceedings?

Grégory HANSON — Thu, 05 Apr 2018 14:51:46 +0000

What every the type of divorce (fault, no fault, mutual consent) assistance or representation through a French “Avocat” is compulsory.

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What happens to matrimonial assets and debts after divorce?

Grégory HANSON — Mon, 05 Mar 2018 14:49:52 +0000

Matrimonial assets (money on bank accounts, furniture, vehicles, former matrimonial home) and debts (rent areas, taxes due, short fall of mortgage) will be dealt with separately from the divorce proceeding.

If there is no agreement on liquidation of matrimonial assets between spouses the dispute will be settled by a Judge.

In a mutual consent divorce the assets must be liquidated before the Judge can pronounce the divorce.

In all the other form of divorce (for example: divorce for fault, divorce for separation for more than two years) the liquidation of matrimonial assets can be ordered by the Judge sometimes many years after the divorce is pronounced.

If the ex-spouses do not agree on the fate of the former matrimonial home, it will be sold during a court auction, usually at a price far below the market price.

To avoid this it is preferable to reach an of out of court agreement.

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Which Judge has jurisdiction in trans European divorce cases?

Grégory HANSON — Mon, 05 Feb 2018 14:48:11 +0000

All domestic litigation depends on the jurisdiction of the “Juge aux affaires familiales”. In each French “Département” (French administrative division more or less equivalent to a British county), there are generally one or two Court, grouping several “Juges” specialised in domestic issues.

If both spouses live in France, it is the Judge closest to the residence of the children who will have Jurisdiction. If there are no children it will be the Judge of the residence of the defendant.

In trans European cases, when one spouse lives in a EU country and the other in another, the question is more complex. This matter comes under Council Regulation No 2201/2003 of 27 November 2003. In compliance with this Regulation, spouses can sometimes have the choice between the two legal systems. The usual residence of the children will also be taken into account. In this delicate matter one should seek the advise of a legal practitioner.

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How long does a divorce procedure last?

Grégory HANSON — Fri, 05 Jan 2018 14:45:46 +0000

The average duration of a divorce is about 12 month.

Duration will strongly vary depending on: the location of the Court (outcome tends to be more rapid in small rural courts) ; if it is a mutual consent divorce or a more disputed type of divorce (the less contentious the divorce the shorter the procedure). Duration will be increased in case of appeal.

In urgent situations (domestic violence, custody involving transnational issues), the Judge can order provisional measures to protect the oppressed spouse or the children within about one month.

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