lawyer divorce Paris
The current divorce procedure was established by the law of May 26, 2004, which came into force on January 1, 2005. This procedure has been vastly recasted by the law of March 23, 2019, which will apply to the proceedings initiated from January 1st, 2021.
In both these reforms, the aim of the legislator has been to simplify the procedure, to make it shorter, but above all to make the divorce less confrontational. The lawyer and especially the family law lawyer will be able to exercise a pacifying role.
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We remind you :
Divorce by mutual consent :
Divorce by mutual consent without a judge entered into force on January 1, 2017.
From now on, each of the spouses has his own lawyer. The divorce agreement is signed by the lawyers and their clients by deed of lawyer.
Then the agreement is filed by a notary.
The aim of this reform is to speed up the divorce process and to unclog the courts.
Divorce due to the irretrievable breakdown of the marriage :
It is possible to ask for a divorce based on the irretrievable breakdown of the marriage, which is proven by a separation of at least 2 years, whether the spouse agrees to the divorce or not and without having to prove any wrongdoing on their part.
This divorce simplifies the procedure terribly, preventing the divorce to go on and the spouses to argue over the faults they may or may not have committed. Nevertheless, the lawyer will have to be very careful before launching the summons to respect this 2-year period.
From September 1, 2020, this 2-year period will be changed to a 1-year period for all proceedings initiated after this date. All proceedings initiated before September 1, 2020 will continue to be ruled by the former 2-year period.
Divorce based on the acceptance of the principle of the divorce :
If the parties have not been able to agree on every aspect of the divorce, they can nevertheless accept the principle of the divorce. This possibility allows for the discussions pertaining to the cause of the divorce to be evicted and for the debate to focus on the consequences of the divorce. It should be noted that it is possible to ask the judge to register a partial agreement on the consequences of the divorce.
Divorce on the grounds of fault :
At-fault divorce is still present in French law, despite the desire of some to make it disappear, like other countries where it does not exist.
But in the minds of the French, others believe that it is good that the defendant is able to assert the faults of his spouse before a judge, so that these faults are recognized and the divorce is pronounced on the grounds of fault.
So, at-fault divorce still exists. But the faults must be proven (adultery, domestic violence, insults ...).
If a spouse files for divorce on the grounds of fault of his spouse, but fails to provide proof of the alleged wrongs, he will be dismissed. If the other spouse has filed a counterclaim for a divorce for fault and fails to adduce proof of the alleged wrongs, he will in turn be dismissed and the judge will dismiss the request for divorce for fault, for lack of evidence.
Thus, it is imperative to provide proof of faults committed, when invoking a divorce for fault.
If in doubt, do not hesitate to consult your family law lawyer in Paris who can guide you in your decisions and help you gather the required documents.
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