What are the basics of French family law and divorce for an international couple (German/Australian)?

Question from frankie, What are the basics of French family law and divorce for an international couple (German/Australian)?

Answer from AI:

French family law, like many legal systems, can be complex, especially when it involves international couples. The following information provides a general overview of the process and considerations for a German/Australian couple considering divorce in France.

Which law applies?

The first question in an international divorce is which law applies. In France, the applicable law is determined by the EU Regulation 2201/2003, also known as Brussels II bis. According to this regulation, the law of the country where the couple last lived together usually applies. However, if one spouse still resides in that country, its law may apply.

How is the divorce process initiated?

The divorce process in France is initiated by filing a petition with the Family Court (Tribunal de Grande Instance). Both spouses can file a joint petition, or one spouse can file alone.

What are the grounds for divorce?

French law recognizes several grounds for divorce, including mutual consent, separation for at least two years, fault (such as adultery or abuse), and breakdown of the marital relationship.

How are property and assets divided?

In France, the division of property and assets in a divorce is generally based on the matrimonial regime under which the couple was married. If they were married under a community property regime, all assets acquired during the marriage are divided equally. If they were married under a separate property regime, each spouse keeps their own assets.

What about child custody and support?

Child custody and support are determined based on the best interests of the child. French courts generally favor joint custody, but one parent may be awarded sole custody in certain circumstances. Child support is calculated based on the needs of the child and the financial resources of the parents.

Do I need a lawyer?

While it’s possible to navigate the French divorce process without a lawyer, it’s generally recommended to seek legal advice, especially in complex cases involving international couples. A lawyer can help you understand your rights and obligations under French law and ensure that your interests are protected.

Please note: This information is intended as a general guide and does not constitute legal advice. Laws can change, and each individual’s situation is unique. Therefore, it’s important to consult with a legal professional for personalized advice.