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Separation de bien

Posted by SCALYTROUT - Created: 13 years ago
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4 replies (Showing replies: 1 to 4)

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Posted by No.6 - 13 years ago

Hello ST, firstly: all my sympathies for all the trauma you're going thorugh - just keep telling yourself that you will look back one day and this will be over..

I started writing a long spiel about your rights but Legend has beaten me to it and I agree with all that he says (and he says it better, too!) including the bit about you being English having no relevance.

I would only add that where Legend talks about "working on a settlement basis" the card that your lawyer can play in this situation may well be the prestation compensatoire which I believe can apply when there is no property or insufficient equity to split and one of the parties has little or no personal income compared to the other. This is just to reassure you that they do look beyond the stark definition of the marriage contract! 

Also, just to add to Lana's advice, you can get initial (limited) but free legal advice from a lawyer at the Maison des Avocats (opposite the Palais de Justice in Grasse) by simple appointment, whatever your resources.

In any event, I wish you all the best.

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Posted by SCALYTROUT - 13 years ago

Thank- you, your information is extremley helpful , it was very kind of you to make the effort to reply.SCALYTROUT

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Posted by szozu - 13 years ago

There are lawyers and notaires who you can consult for free, though it's bound to be brief. You should probably see a notaire for this, as it's a notaire who does the "separation de biens" contract and you should bring yours along. If you would like, send me an e-mail with your location and I will give you the phone number for a notaire in your area. The main locations are Nice, Antibes, Cannes-la-Bocca, but there are a few others in the department, including Arriere-Pays.

This service is provided by the Conseil Departemental de l'acces au Droit (CDAD).

Lana

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Posted by legend_in_my_lunchtime-182603 - 13 years ago

You don't actually say in your posting that you are definitely separating but it is pretty clear that the prospect worries you to the point you need to know the prospects and consequences. As in many of life's difficult challenges, you'll feel less threatened when you get reliable information and when you open up the communication channels.

First thing I would say is "can you speak rationally to your husband about this?"  If yes, then it would really pay (both financially and emotionally) to open up the issue wth him and look at the alternatives.  All the more so because of the need for the 2 of you to make a good parenting plan for your young children.  If you have open communication channels, you'll find that a LOT of the stress will be removed from the spectre of separation.

If you don't have the good fortune to have a partner who is open to communicate even in times of conflict, then you need to build a support network.  Well informed friends, contacts with the social services, good legal advice.  AngloINFO has some interesting resources.  You could try a forum search on divorce and perhaps start with these references ( 12 3 )

Marriage under the French regime of separation des biens doesn't disenfranchise you to your share of community property which includes material appreciation in the family home for the period of the marriage.  I'm not saying that you necessarily would be awarded 50% of the plus-value in the last 6 years, but that would be a negotiating factor. Being "English" is irrelevant vis-a-vis how the juge des affaires familiales will look at the case.  As regards "custody" of your children - don't fear here.  Read the threads above.  Drop the word "custody" from your vocabulary, think "residence" instead and turn it into a proposition that you see from the childrens' points of view.  Go with your heart on this.  And for the costs - you can get legal aid (explained in one of the above links) but I'd advise getting a really good spirited specialist family lawyer who will work on a settlement basis after an eventual divorce is concluded. 

wishing you comfort, strength and truth - to you, your husband and kids,