Family Law
Shared Residence (Alternating Custody) in France
par Maître Claire Menuet | Juil 3, 2025 | General ENGLISH
Alternating residence splits the child's time between both parents in a balanced way. The judge grants it if it serves the child's interest and if the parents live close to each other. Maintenance is still possible if incomes differ. This type of residence is not...
Parental Authority in France: Rights, Exercise and Removal
par Maître Claire Menuet | Juil 3, 2025 | General ENGLISH
Parental authority is defined in article 371-1 of the French Civil Code as "a set of rights and duties aimed at protecting the interests of the child". In principle, both parents exercise it, even when separated. The judge may entrust it to one parent alone or...
Child Custody After Separation in France: How It Is Decided
par Maître Claire Menuet | Juil 3, 2025 | General ENGLISH
After a separation, the judge sets the child's residence according to their best interests. Three options exist: alternating residence, residence with one parent and visitation rights, or residence with a third party. The judge decides if the parents disagree. This...
Separation of Cohabiting Couples in France
par Maître Claire Menuet | Juil 3, 2025 | General ENGLISH
The breakup of a cohabitation follows no court procedure, but raises concrete questions: housing, jointly bought assets, children. Without marriage or PACS, each person takes back their own property, which can create disputes over co-ownership. Although the separation...
Supporting an Adult Child in France: Until When?
par Maître Claire Menuet | Juil 3, 2025 | General ENGLISH
A child reaching adulthood does not end the parents' duty. As long as the child cannot support themselves, for example while studying or job-hunting, maintenance remains due. It can be paid directly to the adult child. This article explores the rights and duties of...
Contested Divorce in France: The Three Types
par Maître Claire Menuet | Juil 2, 2025 | General ENGLISH
When spouses disagree, divorce goes before a judge. There are three contentious routes: divorce for fault, accepted divorce and divorce for permanent breakdown of the marital bond. The choice depends on your situation and your evidence. It will then be up to the...
Divorce by Mutual Consent in France: Steps and Timeline
par Maître Claire Menuet | Juil 2, 2025 | General ENGLISH
Divorce by mutual consent is settled without a judge, through an agreement signed by both lawyers and filed with a notary. It is the fastest procedure, often 2 to 6 months. The spouses must agree on everything: assets, children, maintenance. This method of divorce,...
The Role of the Family Affairs Judge (JAF) in France
par Maître Claire Menuet | Juil 2, 2025 | General ENGLISH
The family affairs judge (JAF) has jurisdiction over divorce, child custody, child support and family disputes. The judge is seized by petition or summons, and decides according to the interest of the family and the child. This article explores the missions and powers...