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International Family Law Series - Focus on France
One hour podcast.
Recording 16th July, download from 17th July
Françoise Bonnaillie-Valmorin, FBV Family Law
& Melanie Bataillard-Samuel, Expatriate Law
Introduction to the podcast
Welcome to the first of a webinar series to focus on family law and divorce updates in key jurisdictions around the world and how developments and cases affect the UK based family law practitioner.
I. The news from France:
1. The application of the EU regulation on matrimonial regimes and its impact in England since
29 January 2019.
a. Universal application
b. Divorce in France and winding up of assets in England?
c. French style pre nuptial agreements. What the French people like to insert in their pre nup
and the new trend inspired by common law countries.
2. The “new” divorce by mutual consent.
a. No fault divorce debate in England. All solved in France since 2004.
b. What is the new divorce by mutual consent?
c. Why it is dangerous in presence of English connections?
Can this type be recognised in England? Is there any European certificate attached to
this type of divorce?
d. The proposed remedy in the draft reform of B II revised.
II. Some Main Differences
1. The chronology of the forms of union: marriage, sex same marriages and civil
partnership. Differences in dissolution.
2. Surrogacy and the need of supplemental adoption proceedings in France to
recognise surrogacy made in England. Surrogacy illegal in France.
3. Different adoption rules. Minors and adults. Plain adoption or simple adoption.
Issues with the recognition of English adoption in France…Can the French
judge verify the work of his English colleague?
4. Watch the French taxes! (sharing of joint assets, transfers of properties, lump
sum payments, spousal maintenance, child maintenance). Rates applicable if
property in France or if the creditor lives in France.
5. Procedure. Same judge in France at all stages and for money + children. Everything in
a single document. Long proceedings in France (appeal easily lodged). Handwritten
statements. Time limit (Wyatt v Vince impossible in France).
III. Tips for practitioners
1. Need for registration in France of English divorce. A simple procedure today. A
complex procedure following Brexit.
2. Clearly explain concepts that French people cannot understand such as “no order
principle” and “nominal maintenance order”.
The very last update: New French divorce law coming into force in January 2020.
More complex to draft petition but may be easier to win a forum shopping race!
The first petition will be transformed in a complex and lengthy document (jurisdiction/ applicable law/ proposals of financial settlement..). E-filing will be compulsory and it may be possible to issue divorce proceedings 24h/a day…
CPD - 1 hour (SRA A2)
Recording format - mp4 with MS Power Point Slides.
Have a question about the topic which you would like answered in the webinar?
Email us up to one day before the recording so we can provide answers.
Other ways to register
Call us on 01379 740619
Cost to download
£25 per sole practitioner/individual
£50 per company
£99 per year to subscribe to all our web/podcasts, £149 per company