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Paying for a lawyer
Paying for a notary
Tax and financial impacts of a divorce
PacisLexis Family Law
Divorce lawyer payment plans
Around 130,000 divorces are granted each year in France, but at what cost?
The primary expense during a divorce is related to lawyer fees, which are not fixed and vary depending on the reputation of the firm and the complexity of your circumstances. Notary fees must also be considered when calculating the overall cost of a divorce.
Generally speaking, the more contentious a separation is, with repeated disputes, the higher these costs will be.
In addition to legal fees, there are procedural costs, including expenses for a bailiff, expert, social investigation, or registration fees. The amounts vary, increasing if the procedure is prolonged and contentious.
The more contentious and difficult a divorce, the higher the associated costs. Consequently, the expenses for a divorce are not fixed and can vary according to your circumstances and assets involved. There is, therefore, no fixed price for divorces.
After a divorce, spouses may face additional expenses, such as child(ren) maintenance payments, for example. If there are significant financial disparities between divorced spouses, the wealthier of the two may be required to pay the other spousal maintenance.
The cost of a divorce is not trivial. Engaging in divorce proceedings requires financial means. However, public assistance, such as legal aid, is available to enable everyone to access divorce proceedings.
PacisLexis Family Law offers payment plans. Contact us now!
Divorce lawyer payment plans
Paying for a lawyer
Lawyer rates
Fees and rates are not regulated.
A lawyer’s level of experience, reputation and the complexity of your legal matter will influence the cost.
Some lawyers take your personal circumstances into account. For the same legal matter, the cost can vary depending on your incomes.
Lawyers have two options :
- Hourly rate: lawyers can change an hourly rate and the final invoice will depend on the time the lawyer will spend on your legal matter. Rates usually range from €150-€700 per hour plus VAT.
- Fixed fee: following the first appointment, you will get an estimation. It offers predictable budgeting and will include face-to-face meeting, drafting court documents, taking steps in court proceedings… Depending on the legal matter, you can be charged all along the process to split up payments.
FYI, it’s possible to be charged first based on fixed fee and then on an hourly basis.
Are there different rates based on the type of divorce in France?
Yes!
Depending on the type of divorce you choose in France, the costs vary.
There are four types of divorce in France, a non-contested divorce and 3 contested divorces.
- Fault-divorce: A fault divorce is a type of divorce in which one spouse alleges that the other spouse is responsible for the breakdown of the marriage due to specific grounds or breaches, such as adultery, cruelty, abandonment, or substance abuse. The costs for this type of divorce range from €2,000-€70,000 depending on your circumstances.
- Irretrievable breakdown of marriage: Spouses chose this type of divorce when they agree with the divorce but can’t come to an agreement on the terms. The costs for this type of divorce range from €2,000-€70,000 depending on your circumstances.
- No-fault divorce: A no-fault divorce in France is a contested divorce. A sole application can be filed for such a ground when the relationship is broken. Since 1st January, 2021, when spouses have lived separately and apart from a period of at least 12 months before filing an application for divorce. The costs for this type of divorce range from €2,000-€70,000 depending on your circumstances.
Remember that in France, a fault-divorce, irretrievable breakdown of marriage and no-fault divorce are considered as contested divorces.
- Uncontested divorce: spouses agree with the T&Cs of the divorce. This is typically the less expensive way to get a divorce in France and it’s quite straight forward. The costs for this type of divorce range from €500-€30,000 depending on your circumstances.
Are there other fees to expect?
Yes!
- If needed, application, petition and final order translation
- Court fees: filing for a divorce, barrister’s fees, accountants and property valuers and the cost can vary depending on the complexity of the case and the hourly rates of the professionals involved.
- Disbursements: a lawyer will pay a third party and then claim back.
- Investigation fees: the family law judge can request social investigations to learn more about where and in which conditions the children will be taking of.
FYI, with a contested divorce in France (the 3 of them), the petitioner can seek some or all of their costs from the other party.
Divorce lawyer payment plans
Notary rates & fees
Here is some examples of Notary fees
– Duties and taxes: it’s basically a 2.5% tax taken by the French government on the spouses’ assets.
– Disbursement: a notary will pay a third party and then claim back. It’s basically fees such as surveyors, auctioneer, etc
– Notary wage: the amount will be based on the assets
When getting a divorce, you have to pay for notary fees.
Here are some examples: FYI, we strongly advise you to consult with a Notary before getting a divorce to get a good overview of all the assets shared or not.
With an uncontested divorce, shall I pay Notary fees?
Yes!
With an uncontested divorce the cost for a notary is €42 plus VAT, so around €50.40.
Some fees can be added if the application includes:
- A checklist of the real estate properties to be shared.
- A joint property agreement
- A spouse maintenance
If there is no agreement, the divorce costs and fees will be equally shared between the spouses.
In that case, the party who applied for legal aid can’t be charged with more than a half of the fees.
Shall I pay Notary fees when dividing the family home and estate?
Yes!
If you both own family home and real estate properties, the Notary wage will be calculated on a percentage of the real estate properties value plus VAT.
| Assets value | Notary fees |
| From €0 to €6,500 | 4.837 % |
| From €6550 to €17,000 | 1.995 % |
| From €17,000 to €60,000 | 1.330 % |
| Above €60,000 | 0.998 % |
Shall I pay Notary fees with a joint agreement?
Yes!
In France, when spouses are getting a divorce and are not willing to sell their real estate properties, a joint agreement is drafted.
This agreement will set who will be paying for the bills and taxes, who will be receiving money from rents or how is divided the tax on the land.
To draft this agreement, notary fees will depend again on the value of the real estate properties:
| Assets value | Notary fees |
| From €0 to €6,500 | 2.580 % |
| From €6,550 to €17,000 | 1.064 % |
| From €17,000 to €30,000 | 0.709 % |
| Above €30,000 | 0.532 % |
Costs for children and spousal maintenance
The lawyer is in charge to determine the amount of children and spousal maintenance. Notarial offices can get involved into the process.
A notary can be in charge of filing a report to the judge with a maintenance amount proposal based on various criteria such as the spouses’ assets and their incomes. The judge will then fix the amount for good.
Notary fees are based on the time spent to evaluate the amount of the maintenance and how it will be shared.
Divorce lawyer payment plans
Tax and financial applications of a divorce
What is the tax on a divorce settlement called “droit d’enregistrement” in France?
In France when getting a divorce spouses will have to pay a 2.5% tax on a divorce settlement depending on the value of your assets.
If your assets include lots of real estate properties the amount due can increase. This tax will be due to the Notary who will then give it back to the French government.
Do I have to pay capital gains tax when you sell your main home?
No!
But it should be your main home.
In France what is the wage of “ le conservateur des hypotheques” or land registration keeper?
« Le conservateur des hypotheques » in France is a register holding records about property or land sold in France.
Indeed when getting a divorce you will have to pay to advertise the change in the ownership of real estate properties.
The amount is around 0.1% of the total value of your real estate properties.
How getting divorced affects your tax return?
In France, after getting divorced, you may notice a change in your tax rate. That’s because incomes limits for each tax bracket are lower for a couple.
When getting a divorce in France, you will have to file a sole tax return instead of a joint tax return and spouses will have to mention separately their incomes.
Sometimes you can apply for a tax relief when getting a maintenance.
Also the custodial parent is usually the one who will claim the children as dependents and can get a tax relief in France even if the divorce order has been served during the current year.
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PacisLexis Family Law
You want to learn more about the divorce process?
Our law firm is dedicated to ensuring a fair and cost-effective divorce process for our clients by leveraging alternative dispute resolution methods, such as mediation and collaborative law, to foster amicable settlements while minimising legal expenses.
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