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Thegonnec
Thegonnec, Judge
Category: French Law
Satisfied Customers: 1412
Experience:  11 years experience as judge at Paris Industrial Tribunal
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I am English, Wife is french. Living in UK. Would like to separate

Customer Question

I am English, Wife is french. Living in UK. Would like to separate and divorce under french law. How do I get the ball rolling?
Submitted: 3 years ago.
Category: French Law
Expert:  Thegonnec replied 3 years ago.
You will need to instruct a French avocat to initiate divorce proceedings in a family affairs court. If your wife agrees on the terms of the divorce the swiftest procedure, and less costly, is divorce par consentement mutuel. This way you both agree draft a divorce convention with your avocat. When it is signed a family affairs court appearance is scheduled and the divorce validated by the judge.
Your wife, if she lives in France, will not disadvantaged in a any way regarding benefits.
Customer: replied 3 years ago.

Assuming a Divorce by mutual consent, apart from my assets (which are approximately nil), what other monies might I need to give to my wife?


 


She is out of work, because she is studying part time and otherwise prefers not to work outside of her field of study.


 


I am in the Royal Navy and earn around about 70K euros per year, although on 55K if we just take basic pay into consideration, without additional temporary allowances.


 


Is my military pension safe?

Expert:  Thegonnec replied 3 years ago.
Your wife may be eligible to prestation compensatoire, which basically is meant to compensate her for the loss in standard of living she will suffer after the separation. If she has not worked for a long time this might come at a cost... This will have to be calculated based on her needs (housing, daily expenses) and on her "way of life" while married, which you will be expected to help her maintain. So, it is not so much based on how much you make, but on how much it will cost to ensure she does not suffer economically from the separation.

And she will be entitled to part of your pension. This part will depend on what percentage of your active duty time (during which you accrue rights to pension) you will have been married to her.

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