The new divorce was
introduced by the law of May 26, 2004, which came into effect on January 1, 2005.
The legislator’s goal was to simplify the procedure, make it shorter, and above all,
make divorce less conflictual.
The procedure of divorce by mutual
consent, as provided by the law of May 26, 2004, initially led to a
more flexible and simplified divorce.
This divorce required only a single appearance before a
judge, compared to procedures that could last many months or even years for other types
of divorce.
However, law n°2016-1547 of November 18, 2016, which came into effect on January 1, 2017, regarding the modernization of justice in the 21st century, removed the judicial requirement for divorce by mutual consent to reduce the burden on courts: divorce by mutual consent will no longer be pronounced by a judge. Now, it is a divorce without a judge. The divorce by mutual consent will be signed by a lawyer's deed, and each spouse must have their own lawyer; a single lawyer for both spouses is no longer allowed.
Then, the signed divorce agreement will be registered with the notary’s office to give it enforceable authority.
For other types of divorce, the legislator aimed to make the process more flexible: the initial divorce petition does not need to be justified, allowing the parties as long as possible to seek an agreement.
A new type of divorce was created, divorce due to definitive breakdown of the marital
bond.
It is enough to prove a factual separation of 2 years for
the divorce to be granted, regardless of whether the spouse
agrees or not, and without having to prove fault.
This new divorce greatly simplifies the procedure, preventing
prolonged disputes and mutual blame between spouses.
Divorce by acceptance of the termination of the marital bond: spouses agree
on the principle of divorce, but not on its consequences; the judge will decide the points
in dispute.
Note that acceptance can take place before a judge, who will ask the parties if they
agree to accept the principle of divorce (new procedure).
Finally, the classic divorce for fault still exists, although with somewhat modified financial consequences.
Parents have a set of rights and duties toward their child until they reach adulthood (or emancipation). Decisions regarding the child’s health or education must be made jointly, except in exceptional circumstances.
In the event of parents’ separation, parental authority continues to be exercised by both father and mother. If one parent is considered dangerous to the child, the Family Court Judge may order the removal of parental authority. Your lawyer in Paris will advise and support you in any procedure related to parental authority.
In the event of a divorce or separation, child support must be paid to the parent with whom the child or children reside. If there is joint custody of the child, child support may not be paid (except in the case of a significant difference in the parents' standard of living). The amount of support, set by the Judge, depends on the parents’ income and the child’s needs.
The spousal compensation, intended for the spouse, is distinct from child support (intended for the child). It may be granted to the spouse whose living conditions have significantly deteriorated following the separation. This compensation, determined by the Judge, takes into account several criteria, including the spouses' age, health, and professional situations. Your family law lawyer puts their expertise and skills at your disposal to best protect your interests.
Property
division does not only occur in inheritance matters, but can also arise
in cases of separation or divorce.
When real estate is involved, a notarized deed will be required.
There are two main categories: separation of property regimes and community property regimes.
In the absence of a marriage contract, the legal regime in France is
the community of accrued gains regime.
Sometimes, it is not the divorce judge who should be approached, but the court to declare that the marriage is null, which often occurs when one of the spouses had no intention of entering into a genuine marriage, but instead circumvented the law for a purpose unrelated to marriage, for example, to obtain a residence permit.
However, this is an extraordinary legal procedure. Proof of the lack of matrimonial intent must be provided by the spouse requesting the annulment.
Outside of marriage, other unions are possible: PACS and cohabitation.
The PACS (civil solidarity pact), concluded between two adults of different or same sex, grants rights but also imposes obligations. Your family law lawyer in Paris will inform you of the obligations linked to entering into a civil solidarity pact and the consequences of its termination.
Cohabitation or free union between two people carries no legal obligations. However, partners may be linked by a child or jointly acquired property. In case of separation, the child's residence and property division must be determined. A lawyer can intervene if the partners cannot reach an agreement. In such cases, the Family Court Judge will decide.
When a man refuses to acknowledge a child as his own, a paternity action can be initiated by
the mother or by the child once they reach adulthood.
DNA testing proves essential in case of dispute and constitutes indisputable evidence.
A reform of parentage
law came into effect on July 1, 2006.
In France, unlike our European
neighbors, DNA tests must be ordered by a judge.
Recognition of paternity can be prenatal or postnatal. It is done by the father at the town hall and does not require the mother's consent, provided that the child has not already been recognized by another man.
If recognition is done before birth or within the first year, the parents benefit from joint parental authority; otherwise, the mother will have exclusive parental authority.
Recognition of paternity can be challenged in court to annul a false acknowledgment, and the Judge will typically order a DNA test.
Maître Laurence Mayer, family law lawyer in Paris, guides and advises you
during your adoption
procedure.
There are two types of adoption:
simple adoption and plenary adoption.
Plenary adoption and simple adoption have different consequences. With simple adoption, the child retains their original parentage, unlike plenary adoption, which completely severs the legal relationship between the adopted child and their biological family.
This procedure is possible when the requested change is justified by a legitimate interest, which will be reviewed by the judge.
The placement under guardianship can be requested and granted to an adult if a minor or adult is unable to protect themselves or manage their assets. A medical certificate must then attest to the person's diminished faculties.
The Guardianship Judge appoints, whenever possible, the legal guardian of the person or a professional. Your lawyer will assist and can petition the Guardianship Judge to obtain a guardianship or curatorship. Maître Laurence Mayer can also represent you in contesting a guardianship or curatorship request.
The new law applicable from January 1, 2007, modified the rules regarding estates: the main goal of the law is to reduce delays.
Maître Mayer practices in all courts of Île-de-France, such as Nanterre, Créteil, Bobigny, Meaux, Melun, Fontainebleau, Évry, Sens, Auxerre, and throughout France with a legal representative.
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