Family

Matrimonial Regimes and Business when embarking on the journey of starting a business, one crucial aspect that often gets overlooked is choosing the appropriate matrimonial regime for a married couple. The implications of this decision can have a significant impact on...

We know that when a parent debtor of a support obligation does not respect his commitments, it is often difficult for the creditor parent to obtain payment. As of June 1, 2020, parents in the process of divorcing or separating will be able to ask the family court...

The Grenelle on domestic violence was held on September 3, 2019. This major meeting highlighted all the protagonists deemed useful in the action to try to roll back the sad reality of these thousands of abused women. In France, one hundred women have lost their lives...

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. 2016-1547 of November 18, 2016 sets...

Law n°2014-873 of August 4, 2014 for real equality between women and men by the National Assembly. Various provisions are provided, including: - The replacement of the expression "as a good father" by "reasonably", - The deletion of the expression "state of distress"...

Divorce and child custody   Parental separation is always a traumatic ordeal for children. In the past, divorce was inconceivable, especially for this reason. Different times, different mores: the collective conscience has finally admitted that insisting on...

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

The Elders just ruled in June 2014, in terms of compensatory allowance, on the point of knowing whether the sums paid for compensation for accidents at work and the right to compensation for a disability must be considered. On April 2, 2014, of a priority question of...

The Elders gave their opinion in June 2014, in terms of compensatory benefits, on the point of knowing whether the sums paid for compensation for accidents at work and the right to compensation for a disability should be taken into account. Seized on April 2, 2014, of...

In principle, a former spouse can, at any time, obtain from the judge that the compensatory allowance which 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 just recalled in a case where the Court of...

A spouse cannot challenge the change of matrimonial regime that he has accepted, except to invoke fraud or a defect in the consent. The mere fact that the new regime would turn out to be disadvantageous for him is not enough. Two spouses had married after having...

When a parent no longer wishes to use the services of the childminder who usually looks after him and therefore withdraws his child from him, he must imperatively notify his decision beforehand by registered letter with acknowledgment of receipt. This is what the...

According to article 1415 of the Civil Code, each of the spouses can only commit their own property and income, by way of a surety or a loan, unless these have been contracted with the express consent of the other spouse. which, in this case, does not bind its own...

Children must support their parents in need, provided that the latter have not seriously failed in their obligations towards them. Justice has just considered that a father, having repeatedly made humiliating and insulting remarks to his children, going so far as to...

Unlike a spouse or a person who has entered into a PACS, a partner is never required to repay a debt contracted by the other if he has not signed the contract himself. This is what the Court of Cassation has just recalled. The facts are as follows: two people are...

In any procedure which concerns him, the minor child capable of discernment must be heard by the judge, as soon as he so requests. His hearing is by right and at any time. This is what the Court of Cassation has just recalled in a case where, during her parents’...

The house built during the marriage on land belonging directly to one of the spouses, belongs to the latter and does not constitute joint property but separate property of the wife, owner of the land. If the property of the ground prevails the property of the top,...

1. The phenomenon of domestic violence is a universal reality. However, its extent is still poorly understood. In France, as everywhere else, neither education, nor money, nor social background can protect a person from violence within the couple. Most of the time,...

L’acheteur qui paie à plusieurs reprises des factures sur lesquelles sont imprimées des conditions générales de vente (CGV) est réputé avoir accepté ces conditions, quand bien même il n’aurait pas signé les factures. Ainsi en a jugé la Cour de cassation, dans une...

The decree of September 10, 2012 lays down the provisions necessary for the application of the third paragraph of article 373-2-6 of the Civil Code which provides that the family court judge (JAF) may order a ban on leaving the child from French territory without the...

The decree of August 20, 2012 determined the procedure applicable to the registration, modification and dissolution of the civil solidarity pact by a notary. the decree notably provided for the methods of informing the notaries when the partners wish to modify their...

The law aimed at opening up marriage to persons of the same sex and regulating the conditions of parenthood came into force several years ago. The law opened civil marriage to persons of the same sex. The definition of marriage in article 144 of the Civil Code is as...

You may want to take your mother’s maiden name rather than your father’s, but is that possible? What is the procedure to follow ? Yes, provided you have a “legitimate interest”. It is possible to take your mother’s maiden name without it being necessary to obtain her...

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

A break in cohabitation can prove to be truly detrimental for the partner left. Can there be a 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 sex or of different sex. There...

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? Qui statue de...

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 exhibits submitted to the proceedings and without...

Despite a divorce application, your ex-spouse does not always want to leave the marital home. When must he legally leave? Can we get him kicked out? Despite a non-conciliation order In the context of a divorce application, the family court judge issues a...

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

The judgment delivered by the second civil chamber will be of particular interest to legal practitioners. It relates to the remuneration of notaries appointed by the judge, to draw up a plan for the liquidation of the matrimonial property regime in the context of...

Is the alimony instituted by article 301 of the civil code in its wording prior to that resulting from the law of July 11, 1975 transmissible to the heirs? It is to this question that the first civil chamber answers in a judgment of cassation. In the present case, the...

The dispute here opposed two Algerian spouses. The wife had seized a French court, on request, for her husband to be ordered to pay her a contribution to the expenses of the marriage. A few weeks before the date of his summons before the competent court, he had...

There are names that are difficult to bear… however, changing them is not easy. Whatever your reasons, you will have to argue! MINOR OR MAJOR?To be able to apply for a change of name, you must be of legal age and of French nationality. When the request concerns a...

Sole custody of the children may be granted, with or without visiting 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 custody of...

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 for the...

If the couple has taken out a mortgage together, what happens in the event of separation? What are the solutions? In the event of MARRIAGE Depending on the marriage contract, the spouses may own all of the property of a fraction determined in the sales contract. At...

When can I be taken into custody? What are my rights or those of the police? You can be taken into custody for any type of misdemeanor or crime with a prison sentence. This can happen if you are caught red-handed, for example for a theft or during a roadside check...

What to do when you are beaten by your spouse? Where to lodge a complaint, what are the procedures? What are the essential steps to follow to get out of this situation, and obtain compensation.Les violences conjugales sont punies qu’il s’agisse de violences physiques,...

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. Cohabitees do not have the same rights as a married couple when it comes to tax or inheritance. But parental authority is the...

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

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, ie recognized by the...

If your ex-spouse wants 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 rearrange the mode of care. The law cannot prohibit a move, but you can go to the Family...

An SMS can be taken into account during divorce proceedings. 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 in...

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” The Civil Code provides for a moral obligation of children towards their parents. This...

In France, genetic tests are very regulated and mainly concern paternity research. NO, in a private setting In France, it is not possible to have a DNA test carried out on your own initiative. The cases of recourse are strictly enumerated by the law and the laboratory...

Can we keep a ballot box 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 mandates respectful, dignified and decent treatment of the ashes after cremation. It is...

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...

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 authority”. They will...

The law authorizes you to teach your children at home, provided you respect a certain number of rules and accept regular check-ups. What freedom? It is compulsory to educate children between 6 and 16 years old, specifies the education code, but it is possible to do...

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 needing parental authorization. However,...

The Outreau affair had revived the debate on the word of the child: should it be taken into account? What place does it have in the procedures that may concern it? If he is capable of discernment Since the law of 2007, a minor capable of discernment can be heard by...

If we had children from a previous union, in the event of death, is the current spouse protected? What are his rights? Are they different in case of marriage, PACS or cohabitation? An absolute right to HOUSING Whatever the conjugal situation (married, PACS or...

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 a heritage, you have 4 months to make the decision to accept it or not. This period may...

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 do I go to benefit from it? IF I AM A MINOR? If you are a minor, your parents...

Company law is giving way to company law. Indeed, recent legislative developments lead to a clearer and clearer distinction between partner and investor, as well as between listed companies and unlisted companies. For example, the decree of December 11, 2006, the...