MMaître Alexandra HAWRYLYSZYN can give advice to you about which divorce procedure is the best in your case, in order to defend your interests for the best.
Divorce settles the couple’s properties, and especially the family’s accommodation, the amounts of the compensatory allowance, the maintenance allowance; and above all, if need be, the fate of the children.
There are four main types of divorce:
-The divorce by mutual consent
-The divorce accepted
-The divorce for fault
-The divorce for definitive alteration of the marriage bonds
The duration/length of a divorce procedure depends on the type of the procedure
During the contentious procedure, both husband and wife have to obey temporary measures.
A liquidation of the couple’s property will have to be implemented, and it will be done according to the type of marriage settlement that both husband and wife had chosen.
When the divorce will take effect, both husband and wife won’t have anything left in common, so all the bank accounts will have to be closed.
It is the fastest type of divorce and the cheapest one. It’s also the only type which allows both husband and wife to share one lawyer.
The choice of this procedure implies that both husband and wife have agreed in a first time on their wish to divorce, and in a second time on the consequences of this divorce (the sharing-out of the patrimony, the custody of the children, the allocation of the conjugal accommodation…)
In order to be able to divorce by mutual consent, both husband and wife have to communicate several documents to their lawyer :
- The original of the certificate of birth of each of the two, and of the children, dating back to less than three months
-The original of the certificate of birth dating back to less than three months
-A copy of the family record book
-A copy of the identity card of both of them
-The numbers of their health insurance fund or Social security
-Family allowance fund
-Complementary pension fund
-Job, name & address of the last employer of both of them
-A copy of the last tax notice
-A proof of address dating back to less than three months
-In case of real estate property, document of the closing operation, coming from the solicitor
-A copy of the current loan agreements
To know more about the divorce by mutual consent, click here
The three other types of divorce are contentious
This divorce can be asked by either the husband or the wife, or by both of them, when each of the two accepts the principle of the break-up of the marriage, without any consideration of the facts which originated the separation.
This procedure is different from the divorce by mutual consent, because both husband and wife are okay concerning the principle of the divorce, but not concerning its consequences.
In case of absence of agreement of the husband and wife concerning the divorce, only the two following cases can be used :
Both husband or wife can request a divorce for fault when the spouse has violated in a serious or repeated way the obligations and the duties of the marriage, making the conjugal life impossible.
The judge will then search whether the facts for which one spouse blames the other are serious enough, and if they have been repeated, or not.
Obviously, the judge will take into consideration the way of life of the couple.
This type of divorce is used when one of the spouses does not want to divorce.
The only thing necessary is that the cohabitation has stopped since at least two years when there is the petition for divorce.
This procedure can also be used after the rejection of a petition for divorce for fault, thanks to a counterclaim.
In this case, the condition relative to the cessation of the conjugal life since at least two years does not exist.
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