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Divorce Advice

Posted by tilly123-314685 - Created: 6 years ago
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4 replies (Showing replies: 1 to 4)

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Posted by ChristopherL-188542 - 6 years ago

10k/month gross = about 7.8k/month nett - i.e after social charges but before tax. Did you mean to say you need 30% of 10k (3000€) for your monthly living budget? That would represent actually 38.4% of his take-home.
That a totally non-working ex-wife with full child in care could take a claim on 30% of nett is not unheard of but it is in the high range. Higher than that would need some good justification. Obviously percentages change with the magnitude of the amounts in question as the percentages tend to be higher on smaller gross amounts.
However you are established as part-working so that would need to be taken into account. Also it is not clear that you would have full child support. What if your husband wanted your child to have shared residence? Then the child support would be halved.
As to the sale of the property acquired before marriage but disposed of during the marriage - there is more than one French fiscal regime to consider in order to determine whether a "nest egg" comes your way. It depends upon whether you married with a contract or not. The default situation no contract which would render all assets susceptible to "le régime de la communauté réduite aux acquêts". In other words, the proceeds of the sale would normally be considered community property. However, there are many peculiarities of real estate transactions, even under "communauté" so you'd need to check with a notaire specialising in such liquidations.
very best of luck for you, your husband and child.

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Posted by tilly123-314685 - 6 years ago

As I said it is the last resort, but if it came to it I would need 30% of that salary to cover rent, bills, child and me, not sure if that is classed as reasonable here in France or not.

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Posted by tilly123-314685 - 6 years ago

Thanks for the advice, I guess it really does depend on each individual situation. All I can say is my Husband earns nearly €10,000 a month, so not sure if that makes any difference.

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Posted by eurokiné-187861 - 6 years ago

As you've not given any details of your husbands work situation (not our business but significant in the ultimate judges decision as to who is owed what by whom) it's difficult for anyone to be precise
I would recommend getting professional advice as these things are always complicated. You may be eligible for legal aid (or the equivilent) if you are on a low income
Try & come to an agreement with the childs father amicably as to who gets what as it's a whole lot easier to live the next 20 years of child raising if you do!
There is much less "obligation" to fund the parent with the child, just a reasonable sum for child support. Do not expect to be able to carry on as if nothing had happened, being a single parent family doesnt come cheap

If kids had to be brought up by people who could afford to do so there would be loads of kids away from their parents!