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AMERICANS IN FRANCE

The do’s and don’ts of getting a divorce in France (from someone who’s done it)

Getting a divorce in France can be difficult emotionally, but that's just the start of your troubles, writes Carys M Evans.

The do's and don'ts of getting a divorce in France (from someone who's done it)
Photo by Kelly Sikkema on Unsplash

Translator Carys M. Evans not only went through a divorce of her own with a Frenchman, but she has written a book about it. Here are her tips.

Let’s talk about a rocky relationship on a more personal level, when the European dream of marriage, children and happy-ever-after in la belle France ends in a Eurosceptic-worthy divorce. 

So what are the “I do’s” and the “I don’ts” that will help you avoid the pitfalls of divorce “à la française”? Read on:

I do …

… check under what statutory regime I am married. You may have got married in the UK (and therefore under the separation of property system) but, as you’ll be far too busy singing La Vie en Rose and dreaming of shopping in Le Bonpoint to notice, after living for three years in France, you’ll automatically come under the French community of property system.

And no, they don’t send you a letter in case you missed this finer point of the law. This means that, once you’re married, unless you’ve drawn up a contract, it’s that good old French notion of solidarity and community that applies …. And waving a British marriage certificate at the family affairs judge won’t get you your money back.

I don’t …

… throw my clout until my divorce is out. Now incredible as this may seem, adultery applies until the day your divorce is pronounced by the judge. This means that, even if you’ve been separated for years, in the eyes of the law you’re required to remain faithful to your estranged wife or husband. Strange, as adultery during the marriage seems to raise no eyebrows… time to channel your inner Abbé Pierre or Joan of Arc.

I do …

… think carefully about where I want my children to grow up. Children often find themselves in the middle of a nasty custody battle … especially if you want to take the children out of the country and “back home”. Just remember that “Made in France” is all the rage at the moment … and even the judges have signed up for it.

I don’t …

… “desert the marital home”. Another one, up there with adultery, that can make you vulnerable to the dreaded divorce for “fault”. Remember that friends tend to stay with the half of the couple that didn’t move out into a squalid flat after the separation … so best stay put.

I do …

…start saving for the divorce as soon as that wedding band is firmly ensconced on my ring finger. Heard of the expression “kick you when you’re down”? Then get ready to hand over most of your savings to cover divorce taxes, stamp duties, solicitor and lawyer fees … not forgetting all those psychologist and caviste bills.

I don’t …

… criticise the French or anything French-related for the entire duration of my marriage. Any negative remarks touching on anything from the French education system to the price and quality of a cup of tea will be mentally recorded and used against you in the divorce court.

I do …

… avoid trying to get divorced in December, February, April, May, June, July and August. Basically, you have a divorce window between September and November, and at a push January and March. At all other times the lawyer or the judge will be on holiday. You may be able to talk to an assistant or stagiaire though, and while they wield no power whatsoever, being less jaded, they may actually show a little bit of concern.

I don’t …

…depend on the police or the gendarmerie to help me with my domestic affairs – you are just the hysterical foreigner who doesn’t understand the local customs. For extreme cases only but you can’t say I didn’t warn you.

I do …

… still say ‘I do’ to the French. Because Paris is the city of love and romance, because they have a kiss named after them, because guests get to buy two outfits to go to a French wedding and because love still has the power to transcend borders … at a time when so much effort is being put into putting them back up all around us.

Divorcing in France is the subject of “French for Divorce: Game on/Faites vos jeux” by Carys M. Evans, a satirical novel based in France and inspired the author’s own expat experience of a mixed marriage and of living… or rather divorcing … abroad. Follow on Facebook here, or find the book on Amazon here

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PROPERTY

Brits still buying in France despite post-Brexit fall in property sales

New data on property sales revealed a post-Brexit fall in the number of Brits buying second homes in France - but estate agents say that UK buyers are still a big force, but now they're more likely to move to France than buy a holiday home here.

Brits still buying in France despite post-Brexit fall in property sales

The number of Britons buying second homes in France has been falling over the past few years, according to a report from Notaires de France.

While second homes in France remain popular purchases and a significant number of buyers are foreign, the number of Britons buying property in France has fallen steadily and continuously in recent years, according to the Notaires de France report.

Revealed: Where foreigners are buying second homes in France

The data showed that Brits have fallen to fewer than 20 percent of all foreign non-resident purchasers in 2022.

But real estate agents who specialise in helping Brits find properties in France say that the market remains buoyant – but these days people are more likely to make the move permanently.

Joanna Leggett, marketing director at Leggett Immobilier, told The Local: “Where we used to be 50-50 second homes and main residences, it seems to be more like 75 percent to 25 percent now towards permanent homes.”

Brexit has complicated life for British second-home owners in France, who must now either limit their visits to 90 days in every 180 or go through the time-consuming process of getting a short-stay visitor visa. 

But Chloe Williams, sales director with Beaux Villages Immobilier, said that France was still proving a popular market with Britons. 

READ ALSO French property: How to get a mortgage in France

“Comparing the number of enquiries in the first four months of 2024 with 2023, we haven’t seen any reduction in the number of British buyers wanting to know more about buying a property in France,” she said. “In fact, the number of enquiries via our website is higher than this time last year.

“We are still seeing lots of Brits looking to buy a second home to enjoy for holidays and then move permanently for retirement.”

Joanna Leggett, agreed. “There was a massive peak in 2020 where [website hits] went right up. That was the Covid time. But then it dropped right down in 2021. In 2022 it went right back up again. And in 2023, it’s gone back to what the average was [prior to the pandemic]. We’re expecting it to be the same again [in 2024].”

Leggett said that the biggest shift in the market was that Britons were moving away from second homes in favour of moving to France permanently, thanks in part to the rise in remote working.

And Britons entering the second homes market tended to be younger. “We find that the people buying holiday homes through us aren’t retirees that can spend six months in any one go in France,” she said.

“When we look at the average age of our clients, the biggest bulk of them is between 41 and 60. 

“That age group doesn’t get three-month holidays. They probably get five weeks, whenever they can, unless they can work from anywhere – which a lot of people can do, now.”

READ ALSO Explained: How to convert a French second home into your main residence

And post-Brexit bureaucracy is not as off-putting as it could be. Williams explained: “The change in the visa rules post-Brexit has made some buyers hesitate and we have found it helpful to be able to point people towards professional services who can advise on visas.  

“In our experience, the French government is very helpful and welcoming to people wanting to move to France. We also have an expert adviser to whom we can direct people for full support and assistance.”

Leggett, meanwhile, sees hope in efforts to convince the UK and EU parliaments to move ahead with proposals that would allow British second homeowners to stay for longer periods visa-free.

“We’ve seen a huge drop since 2020 … but it’s levelled out again and [interest in French property] doesn’t seem to be going down. If anything, it’s probably going up.”

Both Leggett and Williams agreed that the south-western Nouvelle Aquitaine region was the popular choice among Britons moving to France. 

“Brittany is always popular, but it does seem to have gone down a little bit. And Nouvelle-Aquitaine is definitely the highest. I’m not sure if that’s the influence of TV programmes in the UK though. A Place in the Sun is on every day at different times, and I’m wondering if it’s because they tend to concentrate on those areas that they’re pushing more people there.

“We’ve done quite a few TV shows and we noticed the increase. Even when the Chateau DIY programme came out, it increased the hits to our website by 800 percent. 

“They didn’t all buy chateaux. The increase on looking at chateaux and then looking at something else. It’s just the power of TV.”

READ ALSO Where in France are locals protesting about second-home owners?

Williams, too, said that her experience was that Britons were particularly interested in properties in the warm southwest of the country – tallying with the Notaires’ report which revealed that Britons accounted for 45 percent of all non-French non-resident purchases in Nouvelle Aquitaine region.

“The Dordogne continues to be a very sought after area,” she said, “only a day’s drive from the northern ports and tunnel, it is perfect for a second home in France.   However many people are attracted to value-for-money property in the Haute Vienne and Charente.”

Leggett added: “I would have thought that the Cote d’Azur would have been higher, you know? But it’s too expensive, and Brits don’t have the highest funds. The Americans are actually the highest spend. Their average spend is nearer €600,000, whereas the Brits are coming in at just over €200,000 on average.”

Notaires de France said American buyers tended to focus their French property search on Paris, she said. But they also loved chateaux. “They just love the history which they don’t have in the States,” she said.

READ ALSO 7 tips for finding an apartment in Paris

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