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16/11/2011Divorce in France

Divorce in France The truth is marriage can unfortunately end. If you're making the official split in France, read our article outlining the laws on divorce, the facts, and the options when choosing to divorce in France.

As beautiful and marvelous marriage can be, a divorce might follow it. Getting divorced is not a pleasant experience, but you need to know the rules in order to make it happen.

In France, a divorce can be based on mutual consent, upon a joint request (or upon a request either the party when accepted by the other), by fault, or by termination of common life.

Whatever the reason, you will need a lawyer. It is possible for both of the parties to use services from the same lawyer, but this is only the case of a joint request.

If you do not have sufficient funds for the services of a lawyer, you may request judicial aid. Information on that can be found in the city hall.

Getting divorced

A divorce by mutual agreement can be based on the following:

A divorce upon mutual consent
This is where both parties agree to get divorced. You do not need to give a reason to the judge about why you want divorce, because you are in agreement to settle the conditions of your divorce. However, you will need to submit a written request for the judge`s approval.

Afterwards, you need to submit another request form that states the mutual conditions for the duration of the divorce proceedings. Lastly, you will need to submit a request stating permanent conditions to be reached after the divorce is pronounced (for example child custody, alimony, allowance, real property matters).

If you confirm your desire to divorce in the presence of a judge, you will need to confirm your wish to divorce after the expiration a probationary period - that period varies from three to nine months.

A divorce request by one party and accepted by the other
This is when only one party files for divorce, and the other party accepts it in principle.

The procedure begins when the divorcing spouse submits a request to the judge through a lawyer. That request is accompanied by a statement of the facts which lead him/her to wish a divorce. Then a copy of the request is given to the other party. If the other party recognizes the facts, the judge enters them into the record and sends the case to court.

When there is no agreement upon a divorce, there are two possibilities:

A divorce requested for fault
This means that one of the spouses charges the other of some violations of the duties and obligations of marital life. The facts are submitted for the judge`s comment. Such facts could be adultery or violence, for example.

Request to divorce because of breach of communal life
This could be the reason for filing for divorce if you have lived apart for at least six years. Another reason for this might be that the mental faculties of your spouse have become so altered for the last six years, that life together is no longer possible.

Consequences of divorce
Ex-partners may remarry when the final divorce is pronounced. A woman must, in principle, wait for 300 days after the dissolution of the marriage before remarrying.

Each of the spouses assumes usage of his/her name before the marriage. However, there are some cases in which you can keep your marital name. Such cases are, for example, when both spouses agree to do so, when there is a judge`s authorization.

Teodora Todorova/ Expatica

Sources:
http://france.angloinfo.com/family/marriage-partnerships/divorce/
http://www.international-divorce.com/d-france.htm



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