Divorce in France, changes in 2005

Friday, April 15, 2005
On seperating the teabags from consequences, hehe!

1st of January, there are reform laws on dvivorce in France. This is to make the divorce process shorter and simpler.The aim of the laws is to seperate the causes from consequences a divorce would have.

Divorce at the joint request by the spouses:
Before, there are two hearings when a divorce is filed.The judge gave three month of "reflection" between them, if they really wanted to get divorce.
In the new law, there will be only one hearing provided the judge is happy that the joint consent is real and it would not be agaisnt the interests of the children or indeed one of the spouses.

Divorce requested and accepted in principle:

used where one requests the divorce ,the other accepted but there s some problems of splitting the children and assets.Now, it is no longer needs a list of reasons, if one agreed to accept the divorce, one cannot retract the agreement.

Divorce for reasons of definitive change on conjugal link:

One spouse can request a divorce if they had been seperated for two years.Before the law is six years.

Divorce for "fautes graves"
The law has now limited this form of divorce into serious behaviour such as violence, and not just things that drive a couple mad.(Not like the tea bag story of a divorce in UK, where the serious behaviour was cited by the wife that her husband locked the teabags away when he went to work!) LOL

In order to avoid mess and nastiness between each other, the couples will be offered automatically of a mediator.

A new aspect of this legislations is that the spouse at fault will not be penalised in the financial statement for having cause the marriage to break.Unlike before, the party at fault can even put claim on the financial settlements.

The ideal for everyone is that both parties are able to reach an agreement between themselves, with particular regard to the finances, if that is impossible, the judge will asses the settlement on the basis of creating a balance in the lives of the two parties after the divorce.The things to be considered are : the length of the marrige, age and the health of both and the jobs, thier choices during the marriage, example women who gave up their job in lieu of the children, pensions and even potential legacies.

Remember that after or even during the divorce, you should seek advice to change your will!

It is good that the new reforms has been made for greater protection in case of violence.From this year, a spouse can seek to have the other barred to matrimonial home before even the divorce proceedigns even begins, the party who has sought this protection has three months to file for the divorce.

According to the latest figures from the Ministère de la Justice in France, in 2001 ,9 out of 1000 marriages ended in divorce up from nearly three in every 1000 in 1960.
In 2003, there were 125,175 divorces and in 2004, 259,400 couples tied their knot.

In America, 70% got divorce in total marriages, and 60% of the same marriages got a second divorce in 5 years.

What is the problem?

One should breed rabbits instead huh!
 
posted by Francesca at 8:49 PM, |

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