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PacisLexis Family Law
DIVORCE & SEPARATION
Bullying at school
What is bullying?
There is no legal definition of bullying as such, but it can be defined as behaviour by an individual or group repeated over time that is intended to hurt or harm another individual, either physically, emotionally or verbally.
Statistics in France:
The French department of education reported that around 700,000 children experienced bullying in school every year.
Marriage annulment
Annulment in France has largely increased. There were 449 annulments granted in 1995 against 740 in 2004.
Annulment or nullity definition:
You can annul a marriage for a number of reasons. For an annulment to be granted, a marriage must be either void or voidable.
Divorce FAQs
Most of the time when you’re married, going through a separation process leads to divorce proceedings.
This situation involves lots of questions and also terrible headaches when thinking of a divorce : what are the financial consequences of a divorce? How much it costs? Who the child(ren) will live with? Can I get spousal or child maintenance? How can we share assets and properties?
Our family law lawyers and mediators are located in Pairs.
We resolve many tricky situations and divorces with empathy and high legal expertise.
PacisLexis Family Law
CHILD LAW
Child custody
In France, when a couple is getting a divorce, agreeing on child or children custody is a turning point and disputes raise. In France, couples have 2 options: either they find a joint solution or the family Court Judge will settle the dispute.
Whatever the dispute solution is, parents will have to come to an agreement based on 3 types of custody: “la garde Classique” or flexible custody arrangements in english, “la garde alternée” or joint residency in English et la “garde réduite” or sole custody in English.
Third party and grandparents rights
When families break down, a minor can find himself in a middle of conflicts and distanced from their relatives and siblings such as the grandparents.
Parents have parental responsibility for their child(ren) opposed to grandparents who don’t automatically have parental responsibility and they are referred as third parties.
Surrogacy
Surrogacy, also known as surrogacy or “GPA” (Gestation Pour Autrui), involves a contractual arrangement between a woman, commonly referred to as a “surrogate mother,” and a couple known as the “intended parents.”
In surrogacy, a couple can hire the services of a surrogate mother to carry and give birth to a child on their behalf. Subsequently, the surrogate mother relinquishes custody of the child to the intended parents upon the child’s birth.
PacisLexis Family Law
Criminal family law
International child law
International child law is a dynamic and vital field of law that addresses the rights, protection, and welfare of children across international borders. In an increasingly globalized world, families are more mobile, and cross-border interactions are commonplace, leading to a rise in complex legal issues concerning children. These can include international child abduction, custody disputes, intercountry adoption, trafficking, and exploitation.
Child abduction
What is child abduction?
“L’enlevement parental” or child abduction in English is when a person takes a minor out of France without the consent of those with parental responsibility.
It can be a child’s parent.
“l’enlevement parental” is not a legal word, only abduction is and is a criminal offence in France.
When child abduction is suspected, you must react quickly. Child abduction is a sensitive and complex matter that can cause stress and anxiety for everyone involved.
It’s important to note that in France, parental responsibility is shared. You do not need the other parent’s agreement to take a child abroad.
Protection orders
In France, a protection order or restraining order is known as “ordonnance de protection.” It is a legal measure made to protect victims of domestic abuse or harassment. This order can be issued by a judge and may include a range of provisions to ensure the safety and well-being of the person who has been subjected to abuse or threats. The specific provisions of a protection order can vary based on the individual circumstances.
PacisLexis Family Law
Financial matters
Spousal maintenance payments tax
For a complete guide about spousal maintenance payments are deductible or considered as income in France, we invite you to read this article.
Spoual maintenance definition: Spousal maintenance is a payment paid by a spouse to the other spouse if a spouse doesn’t have enough income after you’re separated from the other.
In France, there are 2 types of spousal maintenance: spousal maintenance before being legally divorced and spousal maintenance after being legally divorced, so after the final order has been served.
High net worth divorce
Divorcing is financial and time consuming and is also emotionally difficult.
In France, high net worth divorces are more complex due to the nature and size of the assets but also depending on the matrimonial property regime chosen in the first place.
Moreover, in a high net worth divorce, spouses have become used to a high standard of living too and their needs and expectations are thus different to a standard divorce.
As the expectations are higher, disputes can also be more important.
Civil partnership agreement
What is a PACS in France?
PACS stands for civil partnership between two people who do not wish to get married but look for a legal recognition. PACS is available to both same-sex or opposite-sex couples.
In France you can go to your town hall to register a PACS but also to bring it to an end whenever you want. In England to end a civil partnership, you have to wait until it has lasted for at least a year.
PacisLexis Family Law
LEGACY
Will – testament
Definition:
A will is a legal document in which a person (called the testator) declares their intention as to what should happen to their money and property after their death. A will can be updated or removed until the testator death.
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PacisLexis Family Law