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PacisLexis Family Law
DIVORCE & SEPARATION
Family Harassment lawyer
Family harassment is a form of domestic violence and abuse. It can include physical abuse, threatening behaviour, psychological abuse, neglect…
Family harassment can take many forms, however, if you find yourself threatened, intimidated, and humiliated by a relative or a family member and/or your partner, it can affect your mental and physical health. Domestic abuse can happen to people of all genders. If you’re the victim of an abusive relationship, you might want to be protected and helped.
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.
Online divorce
In France, “le divorce en ligne » or online divorce in English is misleading.
In France, online divorce does not exist. If it’s possible to carry out the paperwork related to uncontested divorce, in France, the spouses along with their respective lawyers must have a face-to-face meeting to sign their uncontested divorce agreement. IT IS IMPOSSIBLE TO AVOID THIS MEETING.
Being aware of this, online divorce is possible only for uncontested divorce in France. It allows spouses to separate quickly and at a lower cost.
PacisLexis Family Law
CHILD LAW
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.
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.
Adoption
In France there are 2 types of adoption.
In the UK there are 4 main types of adoption: fostering to adopt, adoption of a child from foster care, non-agency adoption and overseas adoption.
In the US, there are 5 types of adoption: adopting through the Child Welfare system (foster care), private adoption, international adoption, relative adoption and adult adoption.
PacisLexis Family Law
Criminal family law
Effects of divorce on children
Divorce is a complex and multifaceted process that can have serious impacts, particularly for the children involved. In France, where divorce rates have risen steadily over the years, there is a growing recognition of the need to understand and address the effects of divorce on children.
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.
Domestic abuse
In France, domestic abuse is referred to as “violences conjugales” or “violences au sein du couple.” It encompasses a range of behaviours that occur within a domestic or marital relationship and can include physical violence, psychological abuse, emotional abuse, sexual abuse, and economic control.
The definition and legal consequences of domestic abuse in France are primarily governed by the French Civil Law and the French criminal Law (‘’Code Pénal). The specific legal provisions related to domestic abuse can be complex and may vary depending on the circumstances and the severity of the abuse.
PacisLexis Family Law
Financial matters
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.
Calculating child maintenance payments
Child maintenance calculations can vary between countries, and both France and the UK have their own systems for determining child maintenance payments.
United Kingdom (UK):
In the UK, child maintenance payments are typically determined by the Child Maintenance Service (CMS), which is a government agency. The CMS uses a formula to calculate the amount of child maintenance that the non-residential parent (the parent who doesn’t have the main day-to-day care of the child) should pay. The formula considers factors such as the non-residential parent’s gross income, the number of children involved, and the number of nights the children spend with the non-residential parent.
PacisLexis Family Law
LEGACY
How to contest a will
Will definition
A will, also known as a last will and testament, is a legal document that expresses an individual’s wishes regarding the distribution of their property, assets, and the care of any minor children upon their death. The person creating the will is known as the “testator” (or “testatrix” for a female), and they outline specific instructions for how their estate should be handled after their death. With a will, a testator is then free to choose their beneficiaries.
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PacisLexis Family Law