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MARRIAGE

The divorce law pitfalls in France that foreigners need to be aware of

France now has an out-of-court divorce option designed to make the process simpler and less expensive, but as Paris-based lawyer Caterina Guidiceandrea warns, it has some pitfalls for non-French people.

Published: 30 September 2020 10:13 CEST
The divorce law pitfalls in France that foreigners need to be aware of
Happy ever after? Maybe not. Photo: AFP

In France it is now possible for couples to divorce without going through a long and sometimes expensive court process by signing a divorce agreement – but this may not be ideal for couples where one or both person is not French.

What is an out-of-court divorce and how does it work?

On January 1st 2017, the divorce par consentement mutuel (divorce by mutual consent) was created, allowing couples to acknowledge their consent to divorce in an extra-judicial contract without a court proceeding.

To divorce by mutual consent, it is essential that couples agree on all aspects of their divorce with the help of their respective lawyers. They especially need to settle the consequences of the divorce on their children (custody and residence), on their assets and all financial measures (alimony and compensatory allowance).

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The consent reached by the couple is then set out in a divorce agreement, prepared by the parties’ lawyers. Following a 15 day cooling-off period, the divorce agreement is signed by the spouses and countersigned by each lawyer.

Once signed, the agreement is submitted to a French notaire for registration. Registration is what makes the divorce agreement enforceable in France.

How long does it take to get a get an extra-judicial divorce?

Signing a divorce agreement is the quickest way to divorce in France.

Whilst the duration clearly depends on how the negotiations between the couple progress, it is technically possible to sign and register a divorce agreement in France within approximately one month.

Can I sign the divorce agreement remotely?

No, it is not possible to sign the divorce agreement remotely. Both spouses and their respective lawyers need to be physically present on the day of signing.

The French National Bar Association clearly indicated, on February 8th 2019, that “the divorce agreement by mutual consent without a judge must be signed in the physical presence and simultaneously by the parties and the attorneys mentioned in the agreement, without substitution or possible delegation”.

This requirement has not changed since Covid-19.


I am not French, can I sign a divorce agreement?

Yes, you can sign a divorce agreement even if you are not French. However you must have a sufficient connection to France, based on your habitual residence or on your spouse’s French nationality.

International couples should however be very careful when signing a divorce agreement as not all countries recognise this type of divorce.

As the divorce agreement is entered into out of court – except when a minor child requests to be heard in court – public authorities from certain countries do not recognise and enforce this type of divorce. This is for instance the case in certain States in the USA.

In practice, this means that, a couple having signed and registered a French divorce agreement, would be considered as divorced in France, however still be married in their home country/countries if local authorities refuse to register and enforce the contract.

Enforcing a divorce agreement outside of France could also be problematic for expats who move countries on a regular basis.

It is essential to assess the possibility of signing a divorce agreement with your lawyer to ensure that it is enforceable and will be registered outside of France.

Should the French out-of-court divorce not be recognised by the authorities in your country of origin or should it not be appropriate, it will be necessary to take the matter to court.

Caterina Giudiceandrea is a registered lawyer in Paris, France www.legal-gc.com
 

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LIVING IN FRANCE

What changes in France in July 2022

Summer's here and the time is right for national celebrations, traffic jams, strikes, Paris beaches, and ... changing the rules for new boilers.

Published: 27 June 2022 09:13 CEST
Updated: 1 July 2022 09:45 CEST
What changes in France in July 2022

Summer holidays

The holiday season in France officially begins on Thursday, July 7th, as this is the date when school’s out for the summer. The weekend immediately after the end of the school year is expected to be a busy one on the roads and the railways as families start heading off on vacation.

READ ALSO 8 things to know about driving in France this summer

Strikes

But it wouldn’t really be summer in France without a few strikes – airport employees at Paris’ Charles de Gaulle and Orly airports will walk out on July 1st, while SNCF rail staff will strike on July 6th. Meanwhile Ryanair employees at Paris, Marseille and Toulouse airports will strike on yet-to-be-confirmed dates in July.

READ ALSO How strikes and staff shortages will affect summer in France

Parliamentary fireworks?

Prime minister Elisabeth Borne will present the government’s new programme in parliament on July 5th – this is expected to be a tricky day for the Macron government, not only does it not have the parliamentary majority that it needs to pass legislation like the new package of financial aid to help householders deal with the cost-of-living crisis, but opposition parties have indicated that they will table a motion of no confidence against Borne.

Parliament usually breaks for the summer at the end of July, but a special extended session to allow legislation to be passed means that MPs won’t get to go on holiday until at least August 9th. 

Fête nationale

July 14th is a public holiday in France, commemorating the storming of the Bastille which was the symbolic start of the French Revolution. As usual, towns and cities will host parades and fireworks – with the biggest military parade taking place on the Champs-Elysées in Paris – and many stores will remain closed.

As the national holiday falls on a Thursday this year, many French workers will take the opportunity to faire le pont.

Festival season really kicks in

You know summer’s here when France gets festival fever, with events in towns and cities across the country. You can find our pick of the summer celebrations here.

Paris Plages

The capital’s popular urban beaches return on July 9th on the banks of the Seine and beside the Bassin de la Villette in northern Paris, bringing taste of the seaside to the capital with swimming spots, desk chairs, beach games and entertainment.  

Summer sales end 

Summer sales across most of the country end on July 19th – unless you live in Alpes-Maritimes, when they run from July 6th to August 2nd, or the island of Corsica (July 13th to August 9th).

Tour de France

The Tour de France cycle race sets off on July 1st from Copenhagen and finishes up on the Champs-Elysée in Paris on July 24th.

New boilers

From July 1st, 2022, new equipment installed for heating or hot water in residential or professional buildings, must comply with a greenhouse gas emissions ceiling of 300 gCO2eq/KWh PCI. 

That’s a technical way of saying oil or coal-fired boilers can no longer be installed. Nor can any other type of boiler that exceeds the ceiling.

As per a decree published in the Journal Officiel in January, existing appliances can continue to be used, maintained and repaired, but financial aid of up to €11,000 is planned to encourage their replacement. 

Bike helmets

New standards for motorbike helmets come into effect from July 1st. Riders do not need to change their current helmets, but the “ECE 22.05” standard can no longer be issued – and all helmets sold must adhere to a new, more stringent “ECE 22.06” standards from July 2024

New cars

From July 6th new car models must be equipped with a black box that record driving parameters such as speed, acceleration or braking phases, wearing (or not) of a seat belt, indicator use, the force of the collision or engine speed, in case of accidents.

New cars II

From July 1st, the ecological bonus for anyone who buys an electric vehicle drops by €1,000, while rechargeable hybrids will be excluded from the aid system, “which will be reserved for electric vehicles whose CO2 emission rate is less than or equal to 20g/km”.

What’s in a name?

Historically, the French have been quite restrictive on the use of family names – remember the concern over the use of birth names on Covid vaccine documents? – but it becomes easier for an adult to choose to bear the name of his mother, his father, or both by a simple declaration to the civil status. All you have to do is declare your choice by form at the town hall of your home or place of birth.

Eco loans

In concert with the new boiler rules, a zero-interest loan of up to €30,000 to finance energy-saving renovations can be combined with MaPrimeRénov’, a subsidy for financing the same work, under certain conditions, from July 1st.

Rent rules

Non-professional private landlords advertising properties for rent must, from July 1st, include specific information about the property on the ad, including the size of the property in square metres, the area of town in which the property is in, the monthly rent and any supplements, whether the property is in a rent-control area, and the security deposit required. Further information, including the full list of requirements for any ad, is available here.

Perfume ban

More perfumes are to be added to a banned list for products used by children, such as soap-making kits, cosmetic sets, shampoos, or sweet-making games, or toys that have an aroma.

Atranol, chloroatranol (extracts of oak moss containing tannins), and methyl carbonate heptin, which smells like violets, will be banned from July 5th, because of their possible allergenic effects.

Furthermore, 71 new allergenic fragrances – including camphor, menthol, vanilin, eucalyptus spp. leaf oil, rose flower oil, lavendula officinalis, turpentine – will be added to the list of ingredients that must be clearly indicated on a toy or on an attached label.

Ticket resto limits

The increased ticket resto limit ended on June 30th, so from July 1st employees who receive the restaurant vouchers will once again be limited to spending €19 per day in restaurants, cafés and bars. The limit was increased to €38 during the pandemic, when workers were working from home.

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