harrop french lawyers (3)

Le cabinet vous propose des formules adaptées à votre situation et à vos besoins, afin de vous
permettre de divorcer rapidement et simplement en quelques semaines si votre dossier est
complet. Le Cabinet intervient également dans tous les litiges en droit de la famille.


The different marital regimes
If you have not decided for your marital regime in a prenuptial agreement, then your marital
regime will be defined by where you lived following the year of your marriage and by where you
have lived for the last ten (10) years.
Harrop LAWYERS will help you understand the process.
Defining the legal regimes allows to understand how the assets acquired during the marriage
should be distributed between the spouses when divorcing.
If the couple is married under the community marital regime (“régime de la communauté réduite aux
acquêts”) then a split tax should apply to all the assets. The split tax (“droit de partage”) now
amounts 1,1% of the estate.
In order to carefully calculate this tax, all assets will have to be valued (including cars etc).
If you want to find out more about this issue, please contact us.
If the parties do not agree on the terms of the separation of the assets, then HARROP
LAWYERS will be able to assist you and represent your interests before the family judge will
have to.


DEFINING THE ALLOWANCE IN A DIVORCE
HARROP LAWYERS, as a family lawyer in Nice, will help you determine whether you are
entitled from a compensatory allowance and intervene for its calculation in application of article
271 of the French civil code.
Under French law, the compensatory allowance is calculated according to the needs of the
spouse to whom it is paid and the resources of the other, taking into consideration the situation
at the time of the divorce and its predictable evolution in the future.
Consequently, the judge has to analyze the following criterias:
 the duration of the marriage;
 the age and state of health of the spouses;
 their professional qualification and situation;
 the consequences of the professional choices of one of the spouses during the life
together for the education of the children and the time that will still have to be devoted
to it or to favor the career of his spouse to the detriment of his own;
 the estimated or foreseeable assets of the spouses, both in capital and in income, after the
liquidation of the matrimonial regime;
 their existing and foreseeable rights;
 their respective situation with regard to retirement pensions, having estimated, as far as
possible, the reduction in pension rights which may have been caused, for the spouse
creditor of the compensatory allowance, by the circumstances referred to in the sixth
paragraph.

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