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Divorce Lawyer Recommendations

Posted by Anon-191394 - Created: 16 years ago
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Posted by Anon-191394 - 16 years ago

Thanks Legend

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Posted by legend_in_my_lunchtime-182603 - 16 years ago

a few practical tips about French family affairs law ;

having one sole lawyer who represents both parties is entirely possible where the divorce is amicable (called "consentement mutuel" in French).  This is the ideal situation (albeit that divorce is never a picnic)if the divorce is even a little bit tricky (e.g. property/children divisions) then you'll need one lawyer each.  Even then you can go the route of "consentement mutuel" by trusting your lawyers to negotiate reasonable proposals on each of your behalves.  The advantage of this is that despite the trickiness of arguments over property and child residence, a more or less straightforward common plea can be presented to the juge aux affaires familiales and the divorce can be completed in less time and less cost.  This is rather an optimistic suggestion but it is possible - particularly when the 2 parties are sensible about their choice of lawyers (take good recommendations).if the divorce is highly contested and accusative (divorce pour faute) it is probably better to wait and see who is the lawyer the accusing party chooses before selecting your own for defence.  They each have their known styles and tricks and some lawyers are just not really up to defending a heavily accusative case.  Again - personal recommendations are a must.regarding the children: apart from the moral/parenting responsibilities which you alone as parents can best decide about informing your children, respecting their feelings etc., French law does not require that the children are informed (or even consulted for their opinions/preferences).  This is a little scary and if you have a contested divorce where children are being used for leverage (prhaps against their will), then the only option you have in French law is to demand an "expertise" during the preliminary hearing on non-conciliation.  This expertise can be demanded by either party and will provide a social report to take into acount childrens' wishes. This will take a lot of time and cost additional legal fees for additional hearing(s).  Even though you are separating and might not get on very well with your spouse, use EVERY gram of compassion that each of you possess to avoid having the children used as elements to your dispute.  Sound them out in advance and respect their wishes.  There are great websites around for divorce survival and many good books detailing how to remain loving parents even when separated.  French law does not award "custody" as with Anglo-Saxon law. French family law changed recently and now does not even award "charge" - it awards "résidence".  The legal parental responsibility will in 99.99% of cases be awarded jointly while the residence will depend on a case by case basis with consideration for child maintenance.  A modern arrangement is "résidence alternee" which can suit some families.One last point - as you mention Valbonne, your Tribunal is in Grasse.  You will find lots of English speaking lawyers in Nice but they do not have the right per se to represent at the TGI in Grasse therefore if you choose a Nice based lawyer you'll also need to pay for his/her "postulant" at the TGI in Grasse.  This will increase the costs - so all other things being equal, choose a lawyer west of the Var river which is the determination line.

e-mail if you'd like a suggestion for English speaking family-affair specialist lawyer.

Sorry about your news and good luck for the future.