How to pick up a good divorce lawyer?

The best type of lawyer for divorce is typically a family law solicitor or barrister who specialises in matrimonial law. A lawyer experienced in divorce cases can guide you through issues like child custody, asset division, and spousal maintenance. If your divorce is amicable, a collaborative or mediation-focused lawyer might be more suitable.

However, if your divorce is contentious or involves significant assets, a lawyer with litigation experience is crucial. Our firm can arrange to get you an appointment within 48 hours. Call or send us an email.

In both the UK and France, a family law specialist is generally the best choice for handling divorce cases.

However, in the UK, you may need a solicitor to handle most of the case and potentially a barrister if court representation is required. In France, a divorce lawyer (“avocat spécialisé en droit de la famille“) manages the entire process, including court representation if necessary.

French divorce lawyers often work more directly with clients in court than solicitors in the UK, where the system relies more on barristers for courtroom advocacy.

In the UK, the terms “solicitor” and “lawyer” are often used interchangeably, but they have distinct roles. Solicitors handle most of the legal work, including negotiating settlements, while barristers represent clients in court if litigation becomes necessary.

For most divorces, a solicitor is enough, especially if the case doesn’t go to court. However, if court proceedings are required, you may need both a solicitor and a barrister.

To find a good divorce lawyer, it’s important to conduct thorough research. Look for lawyers who specialise in family and matrimonial law, and consider their experience, client reviews, and success rate in similar cases.

Asking for referrals from friends, family, or other professionals, such as accountants or therapists, can also be helpful. Online legal directories and local bar charities are useful resources for finding reputable lawyers.

In both the UK and France, divorce lawyers play a critical role in negotiating child custody arrangements.

However, the UK courts emphasize the welfare of the child under the “Children Act 1989,” while French courts adhere to the “Code Civil” but prioritise shared custody (“garde alternée”).

French lawyers are more likely to seek a shared parental arrangement unless there are exceptional circumstances, while in the UK, custody battles may involve more complex negotiations, especially if one parent seeks sole custody.

In both the UK and France, a lawyer experienced in high-asset cases is crucial if significant property, business interests, or international assets are involved. In the UK, such lawyers often work with financial experts to ensure proper asset tracking and valuation.

In France, where the community property regime (“régime de la communauté réduite aux acquêts”) often applies, a lawyer familiar with complex asset division, including international property, is essential.

For more information about hight-net worth divorce, read our following article or call us:

Prenuptial agreements are treated differently in the UK and France. In the UK, prenuptial agreements are not legally binding but are increasingly considered by courts if deemed fair. Therefore, choosing a lawyer who is experienced in prenuptial negotiations can be critical.

In France, prenuptial agreements are legally enforceable, so if one is in place, selecting a lawyer well-versed in such contracts is crucial to protect assets.

PacisLexis Family Law has an extended experience in high net worth divorce and prenups or postnuptial agreements. To learn more about prenuptial agreements, follow this link:

Yes!

A UK divorce is generally recognised in France, provided it follows the proper legal procedures in both countries.

However, specific formalities may need to be followed, such as translating documents or registering the divorce with French authorities.

In the UK, an uncontested divorce typically takes around six months, while a contested divorce can last over a year.

In France, uncontested divorces can take about six to nine months, and contested divorces may extend to two or three years depending on the complexity.

French courts tend to have longer timelines for contested cases due to more formalised judicial involvement.

In the UK, you can remarry as soon as the divorce is finalised, and the decree absolute is issued.

In France, you must wait for the official decree absolute (“jugement de divorce”) before remarrying, but once this is received, there are no restrictions on remarrying.

As mentioned earlier, settlements in France tend to follow the community property regime, dividing marital assets equally.

In contrast, UK courts focus on a more equitable distribution, which may or may not be an even split, depending on the couple’s circumstances.

French settlements are more predictable under their rigid legal regime, while UK settlements allow for more judicial discretion.

In France, prenuptial agreements are binding and strictly enforced, making asset protection more straightforward with a divorce.

In the UK, prenuptial agreements are not legally binding, but courts often take them into account if they are fair and equitable.

Therefore, having a prenuptial agreement in either country significantly affects the outcome of asset division, though it has more weight in France.

To learn more about prenups, read our article:

Similar to the UK, personal assets owned before the marriage, gifts, and inheritances are usually excluded from division in France, unless they were mingled with marital assets.

French law may also exclude business assets that are solely owned by one spouse, depending on the structure of the business.