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PacisLexis Family Law
DIVORCE & SEPARATION
Silver splitter divorce
Grey divorce, also known as silver splitter separation, refers to the increasing number of separations among couples aged 50 and older. These divorces are often more complex than those occurring earlier in life due to accumulated assets, shared retirement plans, adult children, and frequently, cross-border living or ownership situations.
Lawyer for dads
The issue of fathers’ rights in family courts is a complex and often contentious area of law, significantly impacting the lives of children and parents alike.
With growing recognition of the importance of both parents in a child’s upbringing, legal systems in various countries have evolved to address these concerns more equitably.
This article explores the legal landscape for fathers in family courts, focusing on the UK and France.
By examining questions around legal aid, parental rights, custody arrangements, and the nuances of parental responsibilities and restrictions, we aim to provide a comparative analysis that sheds light on how each country supports fathers in their roles.
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.
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
Financial abuse lawyer – Recognising and responding under French law
Financial abuse—also known as economic violence—is an often-overlooked form of domestic mistreatment, yet it leads to deep harm on victims. In France, such abuse is recognized under both civil and criminal law. The Law of 4 April 2006, amended in 2010, officially defines “economic violence” (violence économique) within marital relationships. Since 2018, economic violence also became punishable under the Criminal Code (Article 222‑16‑3‑1), with penalties of up to three years’ imprisonment and €45,000 fine.
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.
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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
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PacisLexis Family Law