DIVORCE

We'll work with you to define the strategy and steps to be taken, in order to anticipate any future problems and protect your interests as best we can, be they intimate or financial.

Our aim is to resolve your divorce as smoothly as possible, with the best possible outcome, whether you reach an agreement through amicable negotiations, or go before a judge in contentious proceedings.

Whatever the case, this means providing you with precise, costed legal advice, standing by your side to support you, and relieving you as far as possible of the burden that divorce proceedings can represent without adequate assistance.

Because we are aware of the need to settle all the consequences of your divorce, we work with tax lawyers and notaries, where appropriate, to find comprehensive solutions.

In France, it is possible to divorce amicably without going to court or seeking the homologation of your agreement by a judge. The spouses' agreement is formalized by the drafting of a divorce contract, which covers all the consequences of the divorce and is registered with a notary after being signed by the spouses and their lawyers.

If the spouses own real estate property that they wish to divide in the course of the divorce, by allocating it to one or other of them, a notarial deed for the liquidation of the matrimonial property regime is drafted and signed by the spouses at the same time as the divorce agreement. We work with notaries in order to ensure that the deed is drafted in accordance with your rights.

This amicable divorce offers three advantages. It is fast, flexible and less costly than a contentious divorce. With the assistance of specialized lawyers, you can draw up an "à la carte" divorce that is both precise and solid, providing you with lasting legal certainty and protection.

Contentious divorce proceedings - before a judge - begin with the service of a writ of divorce. The first purpose of the writ is to ask the family court judge to lay down measures to be applied for the duration of the divorce proceedings, which can last several months - or even several years when a judicial expert is appointed by the court.

The purpose of these provisional measures is to arrange and secure the situation of each spouse and, where applicable, their children. This is a fundamental stage in the proceedings.

At the end of an initial hearing before the judge, the latter issues an order of orientation and provisional measures, ruling in particular on :

• Requests for possession of the marital home for the duration of the divorce proceedings ;
  
  
• Provisional settlement of household debts by either spouse, for the duration of the divorce proceedings;
  
  
• Any alimony owed to one of the spouses as part of their legal duty to assist each other financially, even after divorce proceedings have been initiated, and when the proceedings are pending;
  
  
• Requests for the appointment of a notary or qualified professional (accountant, real estate expert, etc.) in the event where the liquidation of the spouses’ matrimonial property proves particularly difficult, because of the nature of the property or of the financial transactions that were made during the marriage.

Once the judge has issued an order of orientation and provisional measures, the divorce proceedings known as "on the merits" begin: through a successive exchange of written submissions to the judge (known as "conclusions"), the spouses ask the judge to grant the divorce and rule on its consequences, between the spouses and, where applicable, with regard to their children.

The spouses may both agree to divorce, but not on the consequences of their divorce: the debate will then focus on the matter. If, on the other hand, if one of spouses refuses to divorce, the judge will rule on the whole and will examine if one of the grounds laid out by the law applicable to the divorce is met.

Subject to which law(s) will be applicable to the divorce and its consequences, the major consequences of divorce include:

• The possibility of maintaining the use of the other spouse's surname after the divorce;
  
  
• Compensatory allowance, designed to correct any disparity between the spouses' respective living conditions as a result of the divorce;
  
  
• Under certain conditions, claims relating to the division of the spouses' property;
  
  
• Questions relating to the exercise of parental authority over the children;
  
  
• Determination of the children's place of residence and the parents' right of access and accommodation;
• Alimony and child support.

With a few exceptions, the divorce judge does not rule on the liquidation of the spouses' matrimonial property. He or she therefore has no power to order the forced sale of property during the divorce proceedings, with very limited exceptions.

If the spouses are unable to reach an amicable agreement on the division of their property, a judicial division of matrimonial property procedure is necessary.

If no agreement can be reached during or after the divorce proceedings on the division of joint or undivided property, the judge may be asked to settle the remaining disagreements, order the division or appoint a notary.

The assistance of experienced and competent lawyers in this field is essential to ensure that your matrimonial property regime is properly liquidated and that your rights are properly asserted.

To find out how we can help you with your international divorce, please see our International family page.