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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 divorcing my wife in France, who deserted me (she returned

Customer Question

I am divorcing my wife in France, who deserted me (she returned to the UK three years ago). She applied for, and received an order for maintenance from me (there are no children). I since discovered that she lied to the French court at the application hearing, in that she claimed to have been made redundant from her employment in the UK, when I have evidence that she resigned of her own volition.

I have attempted to apply to the court for a reduction, and have submitted my new evidence through my French avocat (who is not at all reliable). So far, having been given two court dates for my hearing, the opposition has "not been ready" to proceed, and the hearing has been delayed, yet again.

1). How often can the court be asked to delay?

2). How may I go about addressing the incompetence of my avocat? I have to date, paid him over 35,000 Euros (Since May 2011),, when I was quoted a projected fee of between 2,000 and 5,000 Euros, and I seem to be no further forward with my divorce proceedings (nearly three years, so far).

Thank you
Submitted: 2 years ago.
Category: French Law
Expert:  Nicola-mod replied 2 years ago.
Hello,

I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Nicola
Customer: replied 2 years ago.

Thank you, Nicola. Keep trying, please.


 


After I had posted my question, I had an E mail from you informing me that "an expert is reading your question right now".


 


Was that not the case, then, and have I been misinformed?


 


thank you.

Expert:  Nicola-mod replied 2 years ago.
Hello,

I'm sure not; it may be that an Expert looked at your question and decided they did not have the expertise to provide an answer.

We will continue to look for a Professional to assist you.

Thank you for your patience,
Nicola
Expert:  Nicola-mod replied 2 years ago.
Hello,

I apologise as we have not yet been able to find a Professional to assist you. Do you wish for me to continue to search for someone to assist you or would you like for us to close your question at this time?

Thank you for your patience,
Nicola
Customer: replied 2 years ago.

Thank you.


 


If you feel that there is unlikely to be an answer forthcoming from anyone, perhaps then you can cancel my question, and refund my payment.


 


Chris Kaley

Expert:  Thegonnec replied 2 years ago.
1) The court can be asked to delay quite indefinitely but will accept only if there is a good reason to do so or if your avocat agrees with this postponement.
2) To address what you call the incompetence of your avocat, you need to take the matter to the head of the bar (batonnier) who has disciplinary powers in these cases.
Customer: replied 2 years ago.

Merci bien.


 


The court has delayed my application on two occasions, now, and my avocat has not given me any idea for the reasons.


 


He has, on both occasions, informed me that we cannot object to the delay. I suspect that on both occasions, it is because he has not forwarded our submissions in good time (although having been in possession of the original submission, the opposition can hardly use that as an excuse a second time, after three months. I have told him this, but get no reply). It is almost as if he is deliberately employing delaying tactics, rather than act in my best interests.


 


He has charged me, in advance, (October) for his expenses for pleading for me at court (including his travelling expenses and pleadings), about which I am not at all pleased, as he has not actually yet been to court and incurred those expenses. I have queried this with him, but again, receive no reply to my questions.


 


For this reason (and others), I feel sufficiently aggrieved to complain about his apparent lack of professionalism, hence the second part of my original question to you.


 


After an expenditure of 35,000 Euros thus far, I am reluctant to change horses mid-stream and start again. But if I have to, then I will.


 


Finding English-speaking lawyers in this part of France profonde is not easy!

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