Divorce and Separation

Couples can be united by marriage, the PACS (Civil Solidarity Pact) in France or a simple union which may or may not appear on the register of unmarried couples. Each of these forms of cohabitation has its own rules and consequences in the event of separation.

Divorce

There are several types of divorce:

• Divorce by mutual consent: Simplified procedure in which both spouses agree on the principle and consequences of the divorce, without judicial intervention except for the approval of agreements.
• Contentious divorce: Divorce in which the intervention of a court is necessary to settle the legal and economic consequences of the separation.

In France, for example. contentious divorces include:

• Divorce by acceptance of the principle of separation: The spouses agree to divorce but cannot agree on the terms.
• Divorce for permanent change in the matrimonial bond: This is requested when one of the spouses proves that they have been separated for at least one year.
• Divorce by fault: This begins when one of the spouses accuses the other  of a serious fault (adultery, violence, etc.).

Divorce can have several consequences, such as custody of the children, the duty of assistance as a spouse, the compensatory allowance, the division of property or the determination of alimony.

Termination of civil union:

Civil unions offer legal recognition to couples without going through marriage. Termination of the PACS can take several forms:

• Termination by mutual consent: Both partners can end the union by making a joint declaration to the competent administration.
• Unilateral termination: one of the two can decide on his or her own initiative to end the de facto union, with notice to the other member of the couple.

There is no legal procedure as complex as divorce, but PACS partners also have to deal with various consequences after the breakdown of their union, such as the division of property or custody of children.

Separation of unmarried couples

Couples who are not married or in a civil union, who live in a cohabiting relationship, do not have a specific legal status. As a result, separation seems simpler, but it can still present difficulties, especially if there are children involved or joint property.

The role of the lawyer in divorce and separation

A lawyer who practices family law can inform you of the rights and obligations specific to your situation, depending on whether you are married, in a civil union or in a cohabiting relationship. If your situation requires legal intervention, the lawyer can represent you and defend your interests but can also assist you in negotiations on the various consequences arising from your situation. BCV Lex, our teams in Bordeaux and Madrid are at your service and operate throughout France and Spain to defend your interests. Don’t hesitate to contact us.