Family

When setting up a business, it is important to choose the right matrimonial regime for a married couple. The consequences can be heavy on their property. The choice of a suitable marriage contract is essential. Law firm; Master Damy , lawyer at the bar of Nice.

Ensuring child support  When one parent fails to meet their financial obligations to their children, the situation can be difficult for the other parent who is entitled to child support. Aware of this difficulty, a new provision has been put in place as of June 1,...

Divorce by mutual consent. Divorce by mutual consent was simplified in 2017. It is now possible to divorce very simply. The procedure no longer takes place in court and is accelerated since it is thus possible to divorce in record time: in a fortnight.Law No....

Family Law n°2014-873, enacted by the National Assembly on August 4, 2014, aims to establish real equality between women and men. This legislation includes various provisions to address gender disparities and promote gender equality. Key Provisions Promoting Gender...

If the relationship between children and their parents is indeed, and rightly, at the heart of contemporary family law, it is frequently observed that the legal position of grandparents vis-à-vis their grandchildren remains largely unknown. , and continues to be the...

Conversion of the Compensatory Allowance In principle, a former spouse can, at any time, obtain from the judge that the compensatory allowance that he pays in the form of an annuity be replaced by the payment of a lump sum . This is what the Court of Cassation has...

Conjugal consent According to the Court of Cassation, a spouse cannot challenge a change of matrimonial regime that he has previously accepted, unless he can invoke fraud or a lack of consent. The mere fact that the new regime may turn out to be disadvantageous for...

In a recent case, the Court of Cassation stressed the importance of informing a childminder in advance when a parent no longer wishes to use her services. This notification must be sent by registered letter with acknowledgment of receipt. The case concerned a parent...

According to article 1415 of the Civil Code , the spouses can only pledge or loan their own property and income, unless they have obtained the express consent of the other spouse. The consent of one of the spouses does not bind his personal assets. However, if both...

L'obbligo legale per i figli di sostenere i genitori bisognosi è subordinato alla condizione che questi ultimi non abbiano mancato gravemente ai loro obblighi nei confronti dei figli. Recenti sentenze giudiziarie illustrano questo principio, dal momento che un padre...

The Court of Cassation recently reaffirmed that unlike a spouse or a person bound by a civil solidarity pact (PACS), a cohabiting partner is not required to repay a debt contracted by his partner if he has not - even signed the contract. This decision was prompted by...

The Court of Cassation reaffirms the right of an informed minor child to be heard in any proceedings concerning him, emphasizing the mandatory nature and the time of his  hearing  . The right of an informed minor to be heard: a fundamental principle in legal...

The Court of Cassation recently reaffirmed that a house built during a marriage on land belonging to one of the spouses remains the exclusive property of this spouse and does not become joint property. Ownership of the land takes precedence over ownership of the...

Provisions relating to travel restrictions for children: the decree of September 10, 2012 Family law     2 Estimated reading time (in minutes)   The order restricting the movement of children of September 10, 2012 sets the necessary provisions for the application of...

PACS Legislation Obligations and responsibilities of notaries under the decree The decree of 20 August 2012 introduced important provisions concerning the registration, modification and dissolution of civil solidarity pacts ( PACS ) by notaries. This decree specifies...

The law, which allows same-sex marriage and regulates parenthood, has been in effect for several years. It allows civil marriage for people of the same sex and extends adoption rights for PACS partners and cohabitants. In addition,  medically assisted procreation...

When parents separate, custody and residency issues can arise. It is a difficult decision to make. Is it possible to test a residence mode beforehand to be sure of your choice? Are there any conditions to be met?   Yes, for alternating residence The law  only...

Breakdown of cohabitation A breakup of cohabitation can prove to be really detrimental for the remaining spouse. Can there be termination for fault? Can you sue your ex-boyfriend? The principle of freedom Concubinage is a de facto union between two people, of the same...

In the event of the separation of a binational couple , the question of the residence of the child can become very complicated if the parents no longer want to live in the same country. Where will the child live? Who will decide on the terms of residence?   Who...

In a judgment of July 4, 2012, the first civil chamber of the Court of Cassation dismissed the appeal: "given that it is in the exercise of its sovereign power that the Court of Appeal has, in view of all the documents adduced in the proceedings and without distortion...

Despite a divorce application, your ex-spouse does not always want to leave the marital home. When does he have to leave  legally  ? Can we get him fired? Despite a non-conciliation order As part of a divorce application , the family court judge issues a...

International divorces often give rise to complex disputes in which parents fight to obtain the exercise of parental authority over their children. Determining the jurisdiction of the national courts called upon to rule is therefore at the heart of these disputes,...

Transferability of alimony to heirs The question of whether alimony , as  established  in article 301 of the civil code prior to the law of July 11, 1975, is transferable to the heirs is addressed in a recent judgment of the first civil chamber. This was a judgment on...

Sole custody of the  children may  be  granted  , with or without visitation rights, depending on the situation. In all cases, the interest of the child is the only criterion taken into account. Sole custody WITH VISITATION RIGHTS. It is possible to obtain sole...

Between reserve and  available quota  , rights of the testator and rights of the spouse, it is often difficult to  navigate  . Find out what you can bequeath (or not) to your loved ones. Can you disinherit your children? You cannot disinherit a child.The law provides...

Cohabitation has no legal status, but is  considered  a de facto union. This is the case when there is a common, stable and continuous life. Cohabitants do not have the same rights as a married couple in tax or inheritance matters. But parental authority is the same....

Abandonment of marital home is recorded only for a married couple. Indeed, marriage implies a commitment to the community of life. Leaving home is not enough to justify a divorce at the fault of the  spouse  but can be a useful element. Since when ? Marriage imposed...

Alimony was created to limit the disparities that may exist within a family following  a separation  . What are the different criteria used to determine its amount? The different forms of alimony Alimony exists within an exclusively family framework, that is to say...

If your ex-spouse wishes to move to another city with your child, he does not need your authorization but he must inform you within a reasonable time. It is then necessary to reorganize the mode of care. The law cannot  prohibit  a move, but you can contact the family...

An SMS can be taken into  account  during a divorce procedure . If so, how and what conditions must be met for this  evidence  to be admissible? Can the judge accept an SMS as evidence? Since a decision of the Court of Cassation, the judges admit the SMS as evidence...

Parent support! Today, more than 15 million  French people  are retired... and sometimes have trouble making ends meet. Are their children obliged to help them financially? "The alimony obligation" Parent support! The Civil Code provides for a moral obligation...

Can we keep an urn at home? Can we freely choose the place of  dispersion  of the ashes of the deceased? What to do in case of disagreement? CAN YOU KEEP THEM AT HOME? The law requires respectful, dignified and decent treatment of the ashes after cremation. It is not...

Can you call your child “Joyful”, “Sun”, “Titeuf” or Mohamed? Can we give him an invented first name, or one that can make you laugh? Yes, if it does not harm the interests of the child. The principle is freedom of choice of first name, but with limits. The first name...

The parents of pupils do not always know this but they can contest certain decisions of the class council such as orientation or repetition. Likewise, they can appeal the decision to exclude their child by the Disciplinary Board. Contesting an orientation decision It...

Parental legality ! Can a homosexual couple adopt a child in France? Or resort to medically assisted procreation? What about parental authority? Parental authority. In the case of a biological child, the couple can jointly request a “shared delegation of parental...

Home schooling! The law authorizes you to teach your  children  at home, provided you respect a certain number of rules and accept regular checks. What freedom? Home schooling ! It is compulsory to educate children between the ages of 6 and 16, specifies...

A minor over the age of 16 can apply for  emancipation . He cannot make this request alone and the request must be presented by one or both of his parents. The emancipated minor is then capable of all acts of civil life, without the need for parental...

When you inherit a heritage, there can be  assets  but also debts. What are the possible choices? When should the decision be made? WHEN should the decision be made? When you inherit an inheritance , you have 4 months to decide whether to accept it or not. This period...

Parentalresponsibility! Parents are required to help their adult children if they encounter financial difficulties or if they want to continue their studies. What are the conditions for granting this aid, and where should I go to benefit from it? IF I AM A MINOR? If...