Family Law

26 May 2021 | Marion Fleuret

The new divorce legislation

Law No. 2019-222 of March 23, 2019 on the 2018-2022 Programming and Reform of the Justice System (the “Reform”) has amended the divorce process introduced by Law of May 26, 2004.

The health crisis has disrupted the legislative calendar and the entry into force of the Reform, initially planned for January 1, 2020, was then postponed to September 1, 2020, and finally did not take place until January 1, 2021.

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29 May 2020 | Marion Fleuret

International child abduction

Removing a child abroad without the permission of the other parent or in the absence of a court order can be a decision with far-reaching consequences. However, such situations are becoming increasingly frequent.

A parent may not deprive a child of his/her family environment and consequently of the presence of the other parent with impunity.

International cooperation has been organized through the adoption of bilateral or multilateral conventions to provide an efficient response to parents whose child has been abducted or retained.

The ultimate question that arises in every situation is as follows: what is in the child’s best interests?

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28 February 2017 | Soulier Avocats

“Out-of-court” divorce by mutual consent

Since January 1, 2017, spouses who agree on the breakdown of their marriage and on the effects of such breakdown may divorce, without a judge, by signing a private agreement that must be countersigned by their respective lawyer and then recorded and kept by a notary. What are the practical implications of this reform? Article […]

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28 May 2015 | Soulier Avocats

The clause relating to spouses’ contribution to household expenses set forth in a marriage contract prevents divorcing spouses from asserting a claim against each other in this respect

Pursuant to Article 214 of the French Civil Code, “Where a marital agreement does not regulate the contribution of the spouses to the household expenses, they shall contribute to such expenses in proportion to their respective abilities”. This provision applies regardless of the marital regime elected by the spouses, and enables to adjust, through a […]

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1 February 2013 | Soulier Avocats

The voice of the child in divorce proceedings

Divorce is a grown up problem… But not only ….  The decision rendered on October 24, 2012 by the 1st Civil Chamber of the Cour de Cassation (French Supreme Court) (appeal n° 11-18849) seems to impose to lower courts the obligation to pay particular attention to the requests made by a child during the divorce […]

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