Divorce by mutual consent
THE NEW AMICABLE DIVORCE IN LYON
What is divorce by mutual consent or amicable divorce and how to divorce without a judge
Article 229-1 of the Civil Code states:
When the spouses agree on the breakdown of the marriage and its effects, they record, each assisted by a lawyer, their agreement in the form of a private signed document countersigned by their lawyers and drawn up under the conditions provided for in Article 1374. This agreement shall be deposited in the minutes of a notary, who shall check compliance with the formal requirements set out in 1° to 6° of Article 229-3. He shall also ensure that the draft agreement has not been signed before the expiry of the reflection period provided for in Article 229-4. This filing gives effect to the agreement by giving it a date certain and enforceable. Our Lyon law firm is at your disposal and will explain to you in detail how an amicable divorce procedure will be carried out.
There are two exceptions to article 229-2 of the Civil Code which oblige to go to a hearing before the Family Court:
- The minor, informed by his or her parents of his or her right to be heard by the judge and requests a hearing before the judge,
- When one or both spouses are placed under a protection regime.
Our Lyon divorce law firm can assist you throughout the procedure.
What is the procedure in the event of a global agreement between the spouses that does not require any negotiation?
The average time of the procedure:
Between the first meeting and the signing of the divorce agreement varies between two and three months. This average time only concerns divorces in which the spouses agree on all the measures of the divorce: residence of the children, alimony, division of property and possible compensatory benefits.
Lawyers' fees :
The fees of the firm are fixed by a lump sum from 900 € HT for spouses in separation of property, without children, without common property, with similar incomes and agreeing on all the measures of the divorce. The fees depend on the complexity of the divorce; children, property to be shared, possible negotiations...
What is the procedure if there is no global agreement between the spouses and negotiations are necessary?
If there are points of disagreement and the spouses wish to divorce by mutual consent, it will be necessary to envisage negotiations between lawyers, which does not allow to indicate a delay between the first meeting and the signature of the divorce agreement.
Lawyers' fees :
The fees are fixed at the hourly cost of the firm, i.e. 250€ excluding VAT*.
*VAT of 20% must be added to the fees mentioned before tax.
Divorce for fault
DIVORCE FOR FAULT IN LYON
What is a fault-based divorce?
Divorce proceedings for misconduct can be initiated in the case of "facts constituting a serious or repeated violation of the duties and obligations of marriage" attributable to your spouse and rendering "the maintenance of the common life intolerable". The lawyer is compulsory. During the first meeting with your lawyer we will determine whether this is the most suitable divorce procedure for your situation.
Procedure :
This is a longer procedure than the other divorce procedures and consists of 4 stages:
1
The writ of divorce containing the application for interim measures and the application for divorce
2
The orientation hearing and taking of provisional measures
3
The written phase of the proceedings with an exchange of documents between the parties on the divorce application
4
The divorce judgment
Elements for calculating the compensatory allowance
The judge will take into consideration
- The length of the marriage
- The age and health of the spouses
- Their professional qualifications and situation
- The consequences of the professional choices made by one of the spouses during their life together for the education of the children and the time that will still have to be devoted to it or to favour the career of his or her spouse to the detriment of his or her own
- The estimated or foreseeable assets of the spouses, both in capital and in income, after the liquidation of the matrimonial regime
- Their existing and foreseeable rights
- Their respective situation with regard to retirement pensions, having estimated, as far as possible, the reduction in retirement rights that may have been caused, for the spouse receiving the compensatory allowance, by the circumstances referred to in the sixth paragraph. (Art. 271 of the Civil Code)
Domestic violence and spousal abuse
It is very difficult for a victim to describe the violence suffered and the physical and psychological consequences that follow.
Maître STRULOVICI is particularly sensitive to the reception of victims and will take the time to listen to you and advise you on the various possible procedures.
Every two and a half days in France, a woman loses her life at the hands of a spouse, partner or former partner. The World Health Organisation defines violence as follows: "Violence is defined as the intentional use or threat of use of physical force or power against oneself, another person, a group or a community, resulting in, or having a high risk of resulting in, adverse physical, mental or social consequences for the victim.
In concrete terms, domestic violence includes sexual assault, rape, physical and moral violence, sexual mutilation, forced marriages, violence linked to religious fundamentalism, pimping and prostitution, etc.
Domestic violence also concerns men. Violence committed by women against men is of course much rarer, but it does exist and must be taken into account.
If you are a victim of violence, and you wish to obtain compensation and/or divorce, do not hesitate to contact the firm.
Maître STRULOVICI is particularly sensitive to the reception of victims and will take the time to listen to you and advise you on the various possible procedures.
Every two and a half days in France, a woman loses her life at the hands of a spouse, partner or former partner. The World Health Organisation defines violence as follows: "Violence is defined as the intentional use or threat of use of physical force or power against oneself, another person, a group or a community, resulting in, or having a high risk of resulting in, adverse physical, mental or social consequences for the victim.
In concrete terms, domestic violence includes sexual assault, rape, physical and moral violence, sexual mutilation, forced marriages, violence linked to religious fundamentalism, pimping and prostitution, etc.
Domestic violence also concerns men. Violence committed by women against men is of course much rarer, but it does exist and must be taken into account.
If you are a victim of violence, and you wish to obtain compensation and/or divorce, do not hesitate to contact the firm.
Legal advice for victims of domestic violence
- File a complaint (not a report) at a police station or gendarmerie each time there is violence, and immediately ask for a report of your complaint.
- Have a doctor draw up a medical certificate, preferably in an emergency room,
- Keep proof and evidence of the violence you have suffered (witness statements, photos, etc.)
- Gather your administrative documents: family record book, identity card, residence permit if you are a foreigner, passport, card (or number) from your Caisse d'Allocations Familiales, from your mutual insurance company, work certificates, pay slips, last tax return, important bills, property titles and all contracts (lease, current loans)...
Divorce for defective alteration of the marital bond
What is divorce for definitive alteration of the marital bond?
The definitive alteration of the marital bond results from the cessation of the community of life between the spouses, when they have been living apart for two years at the time of the writ of divorce.
Procedure :
The length of this procedure depends on the date of your separation.
It consists of 4 steps:
1
The writ of divorce containing the request for provisional measures and the request for divorce
2
The orientation hearing and taking of provisional measures
3
The written phase of the proceedings with an exchange of documents between the parties on the divorce application
4
The divorce judgment
Elements for calculating the compensatory allowance
The judge shall take into account in particular:
- The length of the marriage
- The age and health of the spouses
- Their professional qualifications and situation
- The consequences of the professional choices made by one of the spouses during their life together for the education of the children and the time that will still have to be devoted to it or to favour the career of his or her spouse to the detriment of his or her own
- The estimated or foreseeable assets of the spouses, both in capital and in income, after the liquidation of the matrimonial regime
- Their existing and foreseeable rights
- Their respective situation with regard to retirement pensions, having estimated, as far as possible, the reduction in retirement rights that may have been caused, for the spouse receiving the compensatory allowance, by the circumstances referred to in the sixth paragraph. (Art. 271 of the Civil Code)
Divorce for acceptance of the marriage breakdown
What is the divorce for acceptance of the rupture of the marriage?
Divorce may be requested by either or both spouses when they accept the principle of the breakdown of the marriage regardless of the facts that led to it.
This acceptance cannot be withdrawn
This acceptance cannot be withdrawn
Procedure
This procedure makes it possible not to mention the reasons for the divorce.
It is based on 4 stages:
It is based on 4 stages:
1
The writ of divorce containing the request for provisional measures and the request for divorce
2
The orientation hearing and taking of provisional measures
3
The written phase of the proceedings with an exchange of documents between the parties on the divorce application
4
The divorce judgment
Elements for calculating the compensatory allowance
The judge shall take into account in particular:
- The length of the marriage
- The age and health of the spouses
- Their professional qualifications and situation
- The consequences of the professional choices made by one of the spouses during their life together for the education of the children and the time that will still have to be devoted to it or to favour the career of his or her spouse to the detriment of his or her own
- The estimated or foreseeable assets of the spouses, both in capital and in income, after the liquidation of the matrimonial regime
- Their existing and foreseeable rights
- Their respective situation with regard to retirement pensions, having estimated, as far as possible, the reduction in retirement rights that may have been caused, for the spouse receiving the compensatory allowance, by the circumstances referred to in the sixth paragraph. (Art. 271 of the Civil Code)
Residence of the child and right of access, alimony and compensatory allowance
How does the right of access, the right of accommodation and the place of residence of the child following a divorce work?
The Family Court judge can either :
- Fix the child's residence alternately with the mother and the father,
- Fix the child's residence with one of the parents and fix a right of access and accommodation for the parent with whom the residence is not fixed,
- Decide that the right of access and accommodation for the parent with whom the residence is not fixed will be exercised in a neutral place (specialised association), often pending the outcome of a social enquiry.
Maintenance payments
Each parent contributes to the maintenance and education of the children in proportion to his or her resources, those of the other parent and the child's needs.
This obligation does not cease automatically when the child is of age (Art. 371-2 of the Civil Code).
An only indicative table published by the Ministry of Justice will enable you to obtain an order of magnitude of your alimony.
Compensatory allowance
Divorce puts an end to the duty of support between spouses.
One of the spouses may be required to pay the other a benefit intended to compensate, as far as possible, for the disparity that the breakdown of the marriage creates in the respective living conditions. This benefit is a lump sum. It takes the form of a capital sum, the amount of which is fixed by the judge.
However, the judge may refuse to grant such a benefit if equity so requires, either in consideration of the criteria provided for in Article 271 of the Civil Code, or when the divorce is pronounced to the exclusive detriment of the spouse requesting the benefit, with regard to the particular circumstances of the breakdown. (Art. 270 of the Civil Code)
The compensatory allowance is fixed according to the needs of the spouse to whom it is paid and the resources of the other, taking into account the situation at the time of the divorce and its evolution in the foreseeable future.
Divorce puts an end to the duty of support between spouses.
One of the spouses may be required to pay the other a benefit intended to compensate, as far as possible, for the disparity that the breakdown of the marriage creates in the respective living conditions. This benefit is a lump sum. It takes the form of a capital sum, the amount of which is fixed by the judge.
However, the judge may refuse to grant such a benefit if equity so requires, either in consideration of the criteria provided for in Article 271 of the Civil Code, or when the divorce is pronounced to the exclusive detriment of the spouse requesting the benefit, with regard to the particular circumstances of the breakdown. (Art. 270 of the Civil Code)
The compensatory allowance is fixed according to the needs of the spouse to whom it is paid and the resources of the other, taking into account the situation at the time of the divorce and its evolution in the foreseeable future.
The judge shall take into account in particular:
- The length of the marriage
- The age and state of health of the spouses
- Their professional qualifications and situation
- The consequences of the professional choices made by one of the spouses during their life together for the education of the children and the time that will still have to be devoted to it or to favour the career of his or her spouse to the detriment of his or her own
- The estimated or foreseeable assets of the spouses, both capital and income, after the liquidation of the matrimonial regime
- Their existing and foreseeable rights
- Their respective situation with regard to retirement pensions, having estimated, as far as possible, the reduction in retirement rights that may have been caused, for the spouse receiving the compensatory allowance, by the circumstances referred to in the sixth paragraph. (Art. 271 of the Civil Code).
For more information you can consult our page dedicated to access rights and alimony after marriage.