Many couples that move to France say they spend much more time together than they did in the UK. In many cases, this is part of the attraction but it has also been known to widen cracks that were almost invisible before the move.

Emigrating to France is stressful, and many a marriage has foundered on the rocks of attempting to learn a new language, integrate, set up a business and simultaneously renovate a house. A drop in income can also crank up the pressure.

Anglo-French marriages also have their inherent difficulties as well as charms. Culture clash seasoned with homesickness can be fatal for even a match made in heaven.

Divorce law in France, like so many other things, is constantly changing, so up-to-date advice is essential. The simplest grounds for divorce are sur demande conjointe des époux (joint request of the married couple) which means that both parties have to convince the judge that they are in agreement, not just about wanting a divorce but about the conséquences (ie division of property, finance, access and custody of any children).

In this case, as long as the judge agrees that the conséquences are fair to all concerned, the couple does not have to state any grounds for divorce, and can now ask for it at any time after the marriage (the delay used to be six months).

Divorce par demande acceptée is when both parties want a divorce and both agree on the reasons for it, but cannot agree on the conséquences. In this case, the procedure is split into two phases, the first being a provisional divorce judgement in the family court devant le juge aux affaires familiales and the second being a longer procedure involving mediation, lawyers, and finally a court battle (if all else fails) to establish the conséquences.
Divorce pour rupture de la vie commune is a divorce granted where a couple have not lived together for at least six years, and where there will be no ill-effects on the other spouse or the children of the marriage.

The most contentious divorces however, are pour faute where one person demands a divorce on the grounds of the other’s bad behaviour, citing for example adultery or dereliction of duty towards the children or the matrimonial home. In bad breakdowns, these cases can drag on for years, and occasionally judges have been known to throw out the divorce application entirely. However, 43 per cent of all French divorces are granted on these grounds, and as a result of this type of judgement, the ‘wronged’ partner can claim a more advantageous financial settlement.

The juge aux affaires familiales not only grants divorces, but also pronounces the cause of the divorce and whether the fault was his, hers or was mutual. The judge also decides, in the children’s best interests, what maintenance should be paid, and who should have custody – the mother, the father or a third party.

The question of custody breaks down into two parts: the habitual residence and parental authority. Either one can be decided independently of the other.

It is, however, most usual for both parents to continue sharing parental responsibility (the legal right to decide questions such as where the child should go to school, where the child should live, the religion the child should follow, etc) and for the habitual residence to be with the mother, but for the children to spend at least every other weekend as well as time during school holidays with their father. Une pension alimentaire (child maintenance) is paid until the child leaves full-time education and earns at least the minimum wage, whether that is 16, 26, or even older.

The judge has the power to require both parties to attend conciliation sessions aimed at rescuing the marriage, and if that is clearly not a possibility, at least at finding agreement on the divorce and settlements concerning the children.

As far as property goes, French laws are very clear and generally both parties take away from the marriage the same proportion of wealth that they brought to it, in accordance with the choices they made when they got married. This is of course more complicated in cases where couples have built a business together, or one party has worked and the other has raised the children, or where the marriage is of long duration and one party can show that they gave up earning potential in order to get married.

It also gets messier in the case of a divorce pour faute because if one person is found to be completely at fault, then the judge can order him/her to pay the ex-spouse compensation for the failed marriage.

There is also another peculiarly French legal remedy called a séparation de corps (legalised separation), which is a sort of semi-divorce granted by the judge under the same conditions and on the same grounds as divorce, without quite being a divorce. In this case, the spouses are no longer expected to live together but (bizarrely to Anglo-Saxon minds) are expected to remain faithful to each other. They are expected, however, to separate all their property and belongings, even though they actually remain married under this arrangement.

In the past, this was often the first stage of a divorce, but these days it is more often the solution chosen by Catholic couples who feel that divorce is not an option, and by couples who cannot live together but who are emotionally not ready to face the finality of the divorce courts or who wish to stay married for the sake of the children.

FACT FILE

•To get further legal advice on a specific situation, as well as help with finding a notaire, and more details about divorce see www.notaires.fr (also in English).
•For marriage guidance, counselling and general support try www.counsellinginfrance.com (in English)
•In a crisis, don’t forget that you can call the Samaritans from France – 00 44 8457 909090.

ON THE OTHER HAND

Ending a pacte civil de solidarité (PACS) (a civil partnership, sometimes known as ‘gay marriage’) is simpler than getting a divorce. Where both sides are in agreement about ending the union, they only have to make a declaration at the tribunal d’instance, which is roughly equivalent of the County Court in England. If only one partner wants to end a PACS, he/she has to lodge the declaration via a lawyer. If one or other partner dies or marries someone else, the PACS is automatically cancelled.

Disclaimer
This dossier article is intended as a general guide only.  For specific information relative to your own situation, please use the contact details in the factfile.  The information given here was correct at the time of publication.  However, if you notice a gremlin causing typos or any other inaccuracies, do please let us know.

Updates
This article was last updated 15 September 2007