Family and Patrimonial law

The family and patrimonial problems complicate because of the increase of migratory flows. The presence of an element of extranéïté (binational couples, exiled families...) requires the application of the international law to determine the competent judge and the law applicable to the marriage contract, to the divorce or to the succession.

DIVORCES

You wish to divorce : our Office advises you and assists you during the entire proceeding.

The French judge is competent by application of European law whether an element of extranéïté applies.

In France, there are four different proceedings:

• Divorce by mutual consent
• Divorce accepted
• Divorce for definitive change of the conjugal link
• Fault Divorce

The jurisdiction will depend on your place of residence.

The divorce by mutual consent is not any more submitted to the judge, allowing exceptions.

If you are a foreigner, it has to be checked whether the French judge is actually competent and whether the French law is applicable to your divorce, knowing that those are regulated by international and European laws.

PACS (civil covenant of solidarity)

You wish to establish a civil covenant and draft a legal convention.

Our Office helps you in drafting your legal convention.

You might be willing to end your PACS. Our Office might assist and help you to liquidate your assets.

During your divorce or separation, our office may represent you to buy or sale your apartment or house all over France, with proxy.

LIQUIDATION of ASSETS

The firm assists you to liquidate your assets in divorce or partnership.

In private international law, the liquidation of assets requires to determine the applicable law in light of national and international rules.

CUSTODY RIGHTS

The father and mother shall exercise in common parental authority. Parental authority is a set of rights and duties whose finality is the welfare of the child (article 371-1 of the civil Code).

A judge of the "tribunal de grande instance" in charge of family causes can be seized for the purpose of ruling upon the terms of exercise of parental authority.

A child may not be separated from its brothers and sisters, unless this is not possible or where his welfare dictates a different solution. If there is occasion, the judge shall rule on the relations between the brothers and sisters (article 371-5 of the civil Code).

VISITATION AND HOUSING RIGHTS

The exercise of the right of access and lodging may be refused to the other parent only for serious reasons (article 373-2-1 of the civil Code).

MAINTENANCE

Each one of the parents shall contribute to the education and support of the children in proportion to his or her means, to those of the other parent and to the needs of the child.

In case of a separation between the parents, or between the latter and the child, a contribution to his support and education shall take the form of periodical payments to be paid, according to the circumstances, by one of the parents to the other, or to the person to whom the child is entrusted.

The terms and guaranties of those periodical payments shall be fixed by the approved agreement referred to in Article 373-2-7 or, failing which, by the judge (article 373-2-2 of the civil Code).

The pension can be revised anytime on request to the judge if you face a change in your financial resources.

COMPENSATION ALLOWANCE

The compensatory allowance is due to compensate the differences in leaving conditions created by the divorce.

This allowance is fixed and can be liquidated in capital or annuity.

The compensatory allowance can be revised by the judge if you face a change in your financial resources.