Chatsworth42

Hello, I'm sorry too be posting rather a depressing message. My husband and I have just separated and I need to get some advice on my rights related to the financial situation. I have no idea where to go for this in France. Is it a notary? To be clear it is not divorce information I want, but information on separating assets, alimony, etc. I am at a real loss and if anybody could help me I would be so grateful.Thanks!

petitefrancaise

You really need to go and see an avocat.
Do you speak french? Whereabouts are you?

Chatsworth42

Thanks for replying so quickly. I'm in the Greater Paris region and yes I do speak good French. Friends had suggested a notary because I'm really just looking into my rights under French law, I don't want to start any process as yet. I imagine a lawyer is much more expensive than a notary? I just don't know where their specialisms are. Would a financial advisor also have that information on the legality of it all? We were not married in France, we have a 'separations des biens' régime/agreement.
Thanks for any further suggestions you or anyone else has.

dmu

Hi and welcome to the forum. Sorry it's under such circumstances...
A Notaire deals with property conveyancing and inheritance, and you must consult an Avocat who will advise you and represent you before the Tribunal where the Judge will decide on the conditions of your divorce. Take your Marriage Certificate, Birth Certificate and, if you have children, their Birth Certificates and Livret de FAmille if you have one, to your appointment with the Avocat. Also proof of personal income and assets. Your OH's Avocat will do the same for him. If you're joint-owners of property, that's where the Notaire will come into the picture if one of you sells their share.
Hope this is of some help. Good luck, and don't hesitate to come back with further questions!

dmu

P.S. to the above. Take your latest Avis d'Imposition to the Avocat, too and copies of any benefits that you're entitled to in France.

petitefrancaise

French divorce law is different from UK law and this catches many Brits out. You can't afford to make assumptions on anything. You should contact a few avocats and tell them you may be divorcing and need to find a lawyer and ask for a free consultation. Whilst you won't get specific advice at this interview they should all tell you what to expect and rough costs.

Look on amazon.fr or go to your library and get a book on divorcing in France. Try to get an edition that is very new. Inform yourself and start thinking about protecting yourself financially and your children.

Divorcing in France can be a lengthy process unless both parties agree on everything at the start.

If you have children then you need to be aware that the Hague Convention on childhood abductions applies to you and you cannot take the children out of the country without the approval of your spouse. If you think you would prefer to go back to live in the UK to your family, friends then that is something to think about.

Divorcing in the UK? Divorce law in the UK is generally kinder financially to women than in France and it's cheaper and quicker usually. You'd have to meet residency requirements for the UK and be sure that if your spouse continues to live in France that he will continue to pay maintenance etc since cross border enforcement is nigh on impossible and obviously will get worse after Brexit.

Right now, though. Go to see an avocat specialising in divorce, even if it costs a bit you will feel so much better having rock solid information and it will give you a plan to work on.

Unfortunately I knew of more than a few women who had to get divorced in France, the ones who were informed and pro-active did ok, the ones that stuck their heads in the sand hoping it would go away generally didn't do so well.

Whatever you do, don't post information on an open forum (like this), don't make comments about your spouse on FB.

Good luck, and I think if you make one more post on here then you can pm me if you want to.

Chatsworth42

Thanks for your advice, we have grown up children so that doesn't apply. I'm worried about the cost of consulting an avocat, as i don't work. The free consultation sounds a good idea how would I go about finding lawyers who do that? Also i don't know what the Avis mentioned is? As you can imagine I don't know much about this whole thing 😥
Please also tell me if the private replies more secure?
Thanks and sorry for all the questions!!

dmu

Go along to your Mairie (armed with your ID and proof of domicile) and ask for an appointment with the Assistante Sociale. She'll be able to point you in the direction of a pro bono Avocat.
The Avis d'Imposition is the document from the Tax Office issued in the Autumn, which summarises your joint income and how much tax is still left to pay. Your Avocat must see it in order to assess how much alimony he can plead for on your behalf.
Private messages are useful if you don't want to air your private business on a public forum, whereas all general info exchanged is useful for other posters.
Don't worry about all your questions, that's what we're here for!

petitefrancaise

most avocats will give a preliminary interview/appointment for free. Just phone up and say to the receptionist that you are looking for a lawyer to handle your divorce and that you'd like to meet them. Then check that this initial interview is free by asking.

They can ask for all kinds of information and my more cynical friends reckon that it's just to find out how much your net worth is and whether you can afford to pay them. The tax document described is one such way - you can phone up the tax office and ask for a copy if you don't have one. Others will ask for house documents. At this stage, I wouldn't be too concerned about the detail, the lawyer will give you a complete list of everything you will need to provide for the separation hearing. I think you are not at this stage yet? You're just trying to find things out?
Financially though, until the separation hearing you cannot close joint accounts without spousal approval as well. You can't stop excessive spending or movement of money. You can however, get proof of what you have right now and note any changes. This will all be needed by the judge when they decide on your final payment. If you are worried about finances being abused then your only protection is to get the separation hearing done.

Chatsworth42

Thank you both so much that's very useful and I will check out all the ideas you've suggested and message you privately if I have more questions. Thanks so much for your help!

Chatter Static

Some Avocat's will be able to operate under the l'aide juridictionnelle "Legal Aid" system and divorce will be covered by it you fill in a form and the state funds the cost's.

So to the op get an appointment with any Avocat you can for now except your husbands obviously explain your situation and also explain that you will need "aide juridictionnelle" you need to earn under about 900 euros per month to qualify for it.


He is a link to the form for Legal aid in France it is Cerfa n°15626*01








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Chatsworth42

Thanks that's very helpful.