Consumer Advice – Well-Consume.Com

Divorces has become a common social phenomenon, and the numbers are steadily rising.

In France, there were 105 813 divorces in 1990, against 135 910 in 2006 (source: INSEE, bilan démographique). The legislation is changing too, and there are currently 4 types of divorces.

Divorces by mutual consent (art. 230, Civil Code) is the simplest procedure. It does a hearing before the judge, instead of two. The spouses agree to divorce, and prepare a joint agreement to resolve the material issues (accommodation and division of property), family (child care) and financial (alimony). The judge is limited to validate the proposed agreement (in case of rejection, a new proposed agreement must be within 6 months).

Divorces by acceptance of the principle of marriage breakdown is also based on the acceptance of the break by both spouses, but no common agreement is subject to the judge. All the consequences of separation are resolved by the judge, who decides custody of children, the amount of child support, visitation rights and property.
Divorce final for alteration of the marital bond is intended to endorse a de facto separation of (physical and emotional) effective for at least two years at the time of filing the complaint.

Finally, the fault divorces is pronounced in case of a serious breach of duties and obligations of marriage (in cases of domestic violence in particular). The facts must of course be proved. Fault divorces has a more symbolic of a financial point of view, but it retains a great psychological importance and, in cases of physical or psychological violence proved modifies the treatment of child care and visitation rights.

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