Even if the married couple can not normally end a marriage by the launch of an divorce, there are other modes of separation having very different effects. Spouses may, therefore, be separated without necessarily start divorce proceedings. No legal effect, in principle, does not follow: the spouses are still married and be meet the obligations of marriage. We draw your attention to the danger of this situation and the precautions to be taken before any separation of this type.
The separation of fact is different from the separation. For the latter, the couple begin a process similar to divorce in some points but leading to different consequences: the spouses are still married, but with limited duties.
The separation is typically follows cessation of cohabitation. It makes sense to enlighten you on leave for a spouse to leave the marital home.
Consequences of desertion the marital home and family.
A spouse may of course leave home to start another life, but this action may be accused in a possible divorce proceedings. The spouses are obliged to live together and made to leave the marital home may, therefore, constitute a fault in the marriage contract.
The desertion of the marital home while abandoning his children will make difficult the assignment of a residence with the judge, if asked for primary custody or alternate.
There is still a court’s analysis, the fact that the abandonment of domicile is legitimate or not. If the departing spouse is found, for example, a victim of domestic violence or threatened by their spouses, representing a real danger to children and the whole family, desertion of domicile will be considered legitimate.
The abandonment of the family will be defined as an offense only if a spouse or parent does not shirk its support obligations for two consecutive months. Where appropriate, it will just be defined as a fault divorce.
If abandonment and the reasons are legitimate from a handrail to the police or gendarmerie is wise to formalize and justify the departure. But in any case the handrail is no justification for leaving the scene of family life. If you are, howerver victim of neglect, so it becomes wise to also formalize a handrail, and then see the new place by living your spouse (s) by a private detective.
In cases of domestic violence, a finding by a doctor and a complaint or handrail, are essential. In some cases, French law provides for the direct attribution of the home even before a divorce proceeding is initiated, believing that an emergency exists.
Where no legitimacy is necessary, if only the will of separation of two married life together, it is preferable to sign an agreement with his spouse (regardless of cause, but still usable) separation or, if necessary, wait for the launch of the divorce proceedings.
The separation reduces only the obligations of marriage, the spouses remain married to this fact. Some duties are disappearing, such as being unable to remarry with others. A ruling is still established to regulate the separation, according to the procedures established by the married couple willing.
It is a choice for the married, but in no case simplifies the legal process in relation to divorce. The separation is often preferred by husbands who no longer wish to live together officially, without breaking their marriage, hoping to resume a day when because divorce is forbidden by their beliefs.
The role of children is often difficult to manage in a divorce.
In case of separation, the residence of the children shall be fixed by the judge. Generally, no separation does not change the allocation of parental authority for parents (or abandonment of domicile, or separation of fact or body, or divorce).
Both parents will continue thus to exercise their authority and to enjoy their rights to participate in decisions affecting the lives of their children after divorce. The only case where parental authority could be withdrawn from a parent would an court decision to this effect (violence, addictions, touching …).
If no legitimacy is to deplored a place of abandonment of family life with their children will be harmful to the judge, including the decision of the childcare.
In the case of the separation of fact, body, or in anticipation of a divorce decree, setting alimony to a spouse to the other, and the establishment of children’s homes Will be determined. A simple written agreement between married can be remedied, which is even better perceived by the judges, demonstrates the interest of both parents towards their children. In the absence of agreement, the family court will determine an interim residence and the amount of alimony, which depend on different income received by spouses, as well as the needs of the child. It is often advisable, before making the approach to setting child support by the Judge, to prove with certainty the actual amount of the spouse, if he does not declare all his sources. Testimony or statements of private detective may be needed.
We recall that any decision too sudden, before the verdict of the Judge of Family Affairs, to a good chance to turn against you.
Generally not affect the functionality of bank accounts is not the result of separation. In the absence of the marriage contract and under the community property, joint accounts belong to both spouses. The decision by one spouse to empty a joint account is very badly perceived by judges and is strongly discouraged. Even if the flight between spouses is nonexistent in the eyes of the law, deprivation of joint account (often accompanied by abandonment of the marital home), thus putting her husband in trouble is wrong.
Protecting your money during a separation and during an divorce proceeding.
It is advisable for spouses to open two individual accounts to which each will transfer its salary, and amicably terminated all joint accounts. Note that the debts of an account debtor may also be redistributed on two personal bank accounts. Think before closing any bank account, transferring all your withdrawals and continue to share the costs and family expenses until the divorce is pronounced.
Some situations exist, causing a risk to one spouse, see for the whole family. French law, to meet these challenges, allows each spouse to bring an emergency procedure during or before the filing of the petition for divorce. It is the result when a joint account is emptied, putting the rest of the family in need, in the presence of domestic violence. It is the same if put under guardianship, illness, geographic distance, preventing any decision and any dialogue between the couple.
Since the Act of May 26, 2004, French law establishes a special procedure for protecting victims of domestic violence, allowing it to keep the family home and the seizure of Family Judge for the removal of the abuser.
What to do in case of domestic violence?
It is recommended to any victim to collect evidence of abuses. Several proofs are possible. Medical certificate from the doctor or hospital, certificates of relatives, witnesses, witness interviews conducted by a private detective, complaints.
It is also important for the spouse initiating the procedure to justify its financial position by its notice of charges, its records of peace …
Once the evidence and documents collected, the spouse should start such a procedure (procedure for rapid emergency) to the family court judge, through a bailiff who will send a summons to the accused spouse. Judge will decide the allocation of the marital home, custody of children, the sharing of expenses (rent …), for maintaining or without parental authority … and even before the divorce is granted.
Finally, the victim must submit a petition for divorce within four months following the decision of Judge, under penalty of cancellation of its effects (restitution of conjugal rights …).
In case your spouse empty your joint account, an emergency temporary (3 years maximum) can be taken by the Family Court Judge. (Article 220-1 of the Civil Code), preserving the interests of the family.
Judge may:
– prohibit any act on the couple’s property without the consent of both spouse
– prohibiting the movement of goods (furniture, money …) without the same agreement
– prohibit the enjoyment of property (car …) in one spouse
What to do in case of squandering an account?
Gather up first the evidence showing that your spouse (e) put in jeopardy the interests of the family (large unnecessary expenses, liabilities, transfers of money into a personal account, sale of goods …). You can ask for bank statements to your bank or hire a private investigator to conduct a flagrante delicto (casino, exit cost, disposition of property …)
Appeal directly to the family court judge (with or without a lawyer) who will make a quick decision and preliminary to a possible divorce, or respecting a deadline set by the latter.
The spouses are obliged to help when needed. The abandonment of the marital home, leaving her husband without resources is a fault in the marriage contract. In principle, such behavior led to mandatory payment of spousal support in difficulty, before or during the divorce proceedings.
During the divorce, your lawyer will require the states. After analyzing different financial burdens of the two spouses, the family court judge will decide whether, at the first conciliation (within a fairly fast in case of emergency) to grant spousal support to one of both spouses. Note that this allocation will depend solely on the cost of household expenses and not the various sins committed by spouses.
The Act of 1 January 2005 are four causes of divorce:
• Divorce by mutual consent, the spouses agree in putting in an agreement established for the different effects of divorce (custody, property division, spousal support, compensatory allowance …).
• Divorce on acceptance of the principle of the breakdown of marriage, the couple agreeing to divorce but not on the different effects of divorce, then settled by the Family Court Judge. (Divorce little choice)
• The divorce for cause, one spouse files for divorce without the consent of the other, proving the fault of the latter. This is the procedure most used but also the longest. It is very important to gather as much evidence (evidence to link just below) of possible misconduct of a spouse, making it the most often involves a private detective before making an application for divorce. After this request, lawyers often advise their clients to be wary in the mistakes they make, particularly with regard to adultery. The detective work becomes more difficult and costly.
• The divorce irretrievable marital new case brought by French law since 2005, allowing a spouse not living with her spouse for at least two years of divorce, without being asked Agreement another.
Irrefutable evidence proving an adulterous relationship is a private detective’s detailed report. It is most often together with photos and notes the relationship in great detail. You should know that after several years of marriage, proof of the recurrence of the adulterous relationship that you will get the best value in court, much more than the mere act of adultery with one day, may be considered by the Judge as a small fault. The recurrence of deception proves itself by demonstrating a pattern of nights, evenings, meals … spent together.
Any evidence obtained in a legal way, proving the prior relationship can be appended
to the report, although they are often more difficult to obtain. (Certificates, auditions, photos, common purchases, invoices, letters lover / mistress not stolen, …) It is finally worth noting, on divorce for fault, the seriousness of the misconduct established has any interest in fixing the amount of the compensatory allowance.
– File the application for divorce in front of the Family Judge of High Court, together with the draft convention prepared by both spouses, regulating the effects of divorce.
– The hearing in front of the Judge of Family Affairs, who will check the real desire of the husband to divorce, and the legality, morality, and legitimacy the established convention. If accepted, the divorce is granted takes effect immediately. On average, a period of 7 to 8 months is expected between the filing divorce and its pronunciation in a hearing. (Time may vary depending on the availability of competent court).
Identical procedure since the Act of May 26, 2004
– Submit an application (divorce) through a lawyer. One of the spouses file its request in this case. A letter will be sent to your spouse (e) to inform them of your wish to divorce.
– The conciliation hearing in front of Judge Family Court, which aims to inform the parents about the effects of divorce, try to discourage divorce (fewer months), and fix any provisional measures. – The summons shall issue official act as a bailiff appointed by one spouse, which will launch the divorce.
– The hearing in front of the Family Court judge, at the end of which the judge, after analyzing the evidence provided and the conditions are met, will deliver the divorce and determine its effects (alimony, compensatory allowances, distribution of goods …)
– Possible challenges.
The compensatory allowance is intended compensate for the difference in living standards that might exist between the two former spouses after divorce. It allows, through the payment of an amount of money (usually monthly) to compensate for this gap in living conditions. No maintenance is required to justify the compensatory allowance.
Different criteria will be reviewed by the judge who will determine whether or not the amount. These criteria will be the financial situation each spouse at divorce, but also on their expected path. It is often wise prove the proposed move of one spouse with another person, having the effect of increasing revenue from its future home, and then his standard of living. This evidence, which may be made by a private detective, will effectively increase the amount of any compensatory allowance.
As well, an application for review may be done after the divorce, if the evidence living together of one of two former spouse with a third person is brought. Finally, it is often useful to search by property or participation in society (contracts, certificates of sale, report Detective …) on their spouse (s) to verify that it has no property that you don’t ‘have had prior knowledge.
Since the 2004 law, alimony is paid only for the child, no longer exist between spouses. In general, it is an obligation for financial participation in costs incurred for the education and maintains children.
The rent paid by a parent to another child support will be defined by the number of dependent children, their different needs, resources for parents, as well as different sets of normal life.
Note that a review maintenance can be performed in case a child is no longer dependent (proof required), or in case of change its needs (school fees …) Child support is generally paid to the parent exercising the right of habitual residence or children.