Divorce and separation are significant stages in a person’s life, with emotional, legal and property implications. Understanding the options available and their consequences is essential to making informed choices. That’s why Lacombe Brisou is with you every step of the way, to protect your rights and ensure an appropriate resolution.
The different types of divorce: which procedure to choose?
Divorce by mutual consent
Divorce by mutual consent offers a rapid, amicable solution when the spouses agree on all the essential points:
- Features: The divorce agreement, drawn up by the lawyers, is validated by a notary.
- Advantages: This procedure is simpler, less costly and faster.
- Conditions: Full agreement on property and parenting issues (child custody, alimony, division of assets).
💡 Practical example: A couple with a young child opt for an amicable separation. Their lawyer draws up a detailed agreement on alternating custody and child support.
This type of divorce is perfectly suited to couples wishing to maintain cordial relations.
Divorce for fault
Divorce for fault occurs in cases of violation of marital obligations (adultery, violence, abandonment of the home):
- Steps: Provide solid evidence such as witness statements or bailiff’s reports.
- Consequences: The injured party may claim damages or compensation.
- Complexities: The procedure is often long and contentious.
Good to know: Up-to-date evidence strengthens your case in court.
However, this option remains a last resort.
Divorce for definitive alteration of the marital bond
This divorce applies when the spouses have been living apart for at least one year:
- Advantages: No proof of fault required.
- Limitations: One of the spouses can contest, lengthening the procedure.
💡 Practical example: A couple separated for two years formalizes their situation with a divorce for alteration of the marital bond.
As a result, this procedure is well suited to couples in protracted separation.
Divorce accepted
When the spouses agree on the principle of divorce but disagree on the consequences (custody of children, division of property):
- Special feature: The judge intervenes only to settle disagreements.
This divorce represents a compromise between amicable and contentious divorce.
The main issues in divorce
Child custody and support
Decisions concerning children are paramount:
- Children’s residence: Exclusive or alternating, depending on their needs and the parents’ availability.
- Contribution to maintenance: Calculated on the basis of parental resources and the needs of the children.
💡 Practical example: alternating custody is set up with alimony adjusted to cover school fees and extracurricular activities.
Consequently, guaranteeing children’s well-being requires meticulous attention to every detail.
Property division
The spouses’ matrimonial property regime determines how their assets are divided:
- Communauté réduite aux acquêts: Assets acquired during the marriage are divided equally.
- Separation of property: Each spouse retains his or her own property.
- Indivision: A prior appraisal is required before any division.
Good to know: A real estate expert can estimate the value of an undivided property before it is sold.
So legal support is often needed to prevent disputes.
Tax and social security consequences
Separation has an impact on tax returns (individual or joint) and social benefits (family allowances, housing).
What’s more, anticipating these aspects helps limit administrative complications.
Why hire a lawyer?
A family law attorney offers indispensable expertise in :
- Analyze your situation and identify the most appropriate procedure.
- Draw up agreements in compliance with legislation.
- Negotiate out-of-court settlements or represent you in court.
- Anticipate and resolve conflicts with customized solutions.
💡 Practical example: a lawyer helps a spouse negotiate an equitable division of assets, thus avoiding protracted legal proceedings.
With the right support, this stage becomes more manageable and less stressful.
Lacombe Brisou can put its expertise at your disposal to help you turn this period into a smooth transition.
