DIVORCE
Mutual consent
Since 2017, the spouses who reach an agreement on the principle of the rupture and its consequences, can lead to a divorce by mutual consent without the intervention of the judge.
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Each of the spouses must be assisted by a lawyer.
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The lawyers draw up a divorce agreement which will be signed by each of the parties after respecting a cooling-off period.
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This agreement will be filed in the ranks of a notary's minutes, which will have the same value as a divorce judgment.
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This type of divorce is not systematically adapted when one of the spouses is not French or has dual nationality, because it may not be recognized abroad, particularly at the time of registration in the civil status.
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I receive you for a first interview allowing you to review your family and patrimonial situation, and advise you on the type of divorce best suited to your situation, also taking into account your financial means and the degree of urgency.
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Holder of a diploma in mediation, I am very attentive to the human dimension of your file, and privilege as much as possible the search for a concerted and dialogue solution, more lasting.
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Divorces with an international dimension
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When a foreign element intervenes in your family history (marriage abroad, French expatriates, binational couples, children born abroad), it is necessary to check whether the French judge is indeed competent, and which law applies. to your divorce and its consequences.
International conventions and European regulations govern the matter.
I am particularly attentive to the international dimension of your divorce in order to advise and assist you to obtain a divorce effectively settling all the consequences generated by the breakup (decisions concerning children and patrimonial aspects), and taking into account the transnational aspects.
SEPARATE
Free union breakdown
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When a couple ends a common-law relationship (cohabitation), there is no obligation to refer a case to a judge. The breakup does not create a financial obligation between the partners. A patrimony in joint possession was nevertheless able to be constituted during the common life for which decisions have to be taken, and above all it is necessary to decide on the measures for the children (residence, pensions).
It may thus be useful in certain cases to refer the matter to the family court judge or to submit to him, for approval, an agreement drawn up with the lawyer of your ex-partner, settling certain aspects of your separation.
Termination of PACS
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Likewise, the breaking of the civil solidarity pact (PACS) can have consequences on the patrimonial and family level.
The PACS is dissolved by the death of one of the partners, the marriage of the partners or of one of them, by joint declaration or unilateral decision of one of the partners.
The judge is not seized for the dissolution, but may be to settle the consequences of the separation.
I receive you for a first interview allowing you to take a look at your family and patrimonial situation.
Holder of a diploma in mediation, I am very attentive to the human dimension of your file, and privilege as much as possible the search for a concerted and dialogue solution, more lasting.
ADOPT or COLLECT A CHILD (KAFALA)
You can adopt a child in France or abroad.
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In France, a request for simple adoption (maintenance of parentage with the family of origin) or plenary (the new affiliation replaces the biological link) must be filed with the court of your place of residence.
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If you have obtained an adoption judgment abroad, you will have to obtain its recognition on French soil.
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Foreign judgments relating to the status of persons are normally recognized "as of right" in France, that is to say automatically, without there being any need to obtain "exequatur" of the decision (procedure before the tribunal).
On the other hand, to obtain the transcription in the civil status of the birth certificate of the adopted child, the Public Prosecutor of the Judicial Court of Nantes will verify that the adoption judgment rendered abroad complies with the French conception of public order. This is the verification of opposability.
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I support you in this project in order to obtain either an adoption judgment or the opposability of the foreign adoption judgment.
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Kafala
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In some countries, adoption is not allowed, but the legal collection of a child can be done by a decision of Kafala.
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In order to have full effect in France (obtaining the visa, delegation of parental authority), the judicial Kafala decision must be the subject of an Exequatur procedure.
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I represent you to obtain the judgment of Exequatur before the competent court.
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ESTABLISH OR DISPUTE A FILIATION LINK
Several legal procedures are possible with regard to filiation , that is to say the legal bond between a parent and his child.
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Actions in search of maternity or in search of paternity make it possible to establish a bond of filiation.
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Maternity contestation or paternity contestation actions call this link into question.
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It also happens that the prosecutor acts in dispute of the recognition of a child and brings you in this case before the court. You must then appoint a lawyer.
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Biological expertise can be ordered as part of these procedures.
I represent you in all these steps and procedures before the court.