Family Law

Any child capable of discernment may ask to be heard by the judge in proceedings that concern them. There is no fixed age. Their view is taken into account, but does not bind the judge, who decides according to their interest. 1. The main principles of the child's...

Delegation of parental authority allows some or all parental rights to be transferred to a third party, under the judge's control. It is used when a parent can no longer exercise their responsibilities. It is revocable and always guided by the child's interest. Often...

Financial intermediation routes the maintenance through a body attached to the CAF, the ARIPA, instead of a direct payment between parents. It secures payment and avoids conflict. It has become the default arrangement for many maintenance payments. Since its gradual...

When a spouse dies, the surviving spouse always inherits, but the share varies with the presence of children and the matrimonial regime. They also have rights over the home. A will or a gift can strengthen this protection.. This article explores the inheritance rights...

On divorce, the matrimonial regime must be wound up: valuing and dividing common assets, allocating debts, settling the fate of the home. The division can be amicable or judicial. A notary is often involved when there is real estate. This process varies considerably...

The compensatory allowance is a sum paid by one spouse to the other to offset the drop in living standard caused by the divorce. The judge assesses it according to the length of the marriage, income, age and health. It is paid as capital or, more rarely, as an...

A child has the right to maintain relationships with their grandparents. Grandparents can ask the judge for visitation rights, even against the parents' wishes. The judge refuses only if the child's interest requires it. The terms and conditions of this right,...

The contribution to the child's maintenance and education, known as child support, is owed by the parent who does not have main custody. Its amount depends on income and the custody arrangement. An indicative scale exists, but the judge adjusts it. At the heart of...

The protection order is an emergency measure issued by the family affairs judge. It can remove the violent spouse, grant the home and set custody, within a few days. It can be obtained even without a prior criminal complaint. Domestic violence is a major social...

Family mediation is a voluntary and confidential process where a neutral third party helps the parties restore dialogue and reach an agreement. It is often used in separations. It is faster and cheaper than a trial. Family mediation has established itself as an...