Contents
How to end a Pacs?
When the dissolution of the Solidarity Pact is decided by mutual agreement, you must go together, with your joint declaration of termination of PACS, to the clerk of the District Court which registered it. When it is decided only by one of you, the one who wishes to put an end to it must do so by a bailiff’s deed, the original of which he sends to his partner and the copy to the court office. You have no particular reason to give. The PACS ends on the date of registration of the documents. In the event of a breach by one of the partners, it is possible for the other to request compensation if the PACS contract provides for it.
How is custody of children regulated?
The custody of the children is decided by the family court judge. If you agree on the arrangements for custody (with whom he will live, when he will go to the other parent, on vacation, etc.), the judge will generally approve your decision. If you cannot come to an agreement, he will advise you to go to family mediation to try to find an agreement. And if mediation fails, he will rule. It is always possible to come back to the judge and redefine the custody arrangements, if later you manage to find a modus vivendi.
Since the law of March 4, 2002, you can continue to exercise joint parental authority, even if you are separated or divorced. This new principle of co-parenting establishes the maintenance, when the parents are no longer together, of prior consultation on all decisions matters concerning the child’s life: the choice of school, his hobbies or, where applicable, the care to be given to him. If you are not married and the father has not recognized the child during the first year after birth, parental authority is yours. If the father recognizes the child after this period, you can ask to exercise it jointly, by making a joint declaration to the District Court or to the family court judge.
To discover in video: My ex-partner refuses to bring me the children
Are the divorce proceedings faster than before?
Since the law of January 1, 2005, one of the spouses can request a divorce on simple justification of the absence of cohabitation for two years (instead of six previously), without the other being able to refuse. It is divorce for “permanent alteration of the marital bond”. In addition, you no longer have to wait six months after your marriage to get a divorce. If you agree on the principle of the rupture and its consequences, the so-called divorce by mutual consent requires only one appearance before the judge in family cases.. Last modification: financial compensation is no longer linked to the notion of fault.
Since May 1, 2007, divorced or separated parents, with one or more children in joint residence, can opt for the sharing of family allowances (and designate the one who will benefit from the other benefits) or choose a beneficiary for all the benefits. If you cannot come to an agreement, the “allocations” will be automatically shared between you. The procedure to follow: you must ask the Family Allowances Fund on which you depend for a declaration of the situation, as well as the form entitled “Children in alternating residence – Declaration and choice of parents”.
To discover in video: Can we leave the conjugal domicile?
Who decides on the alternating residence?
It is the judge who decides on the alternate residence. This type of care was officially recognized by the law of March 4, 2002. In 80% of cases, the child lives one week with one of his parents, then one week with the other. Putting it into practice requires at least a possibility of communication between you, so that the material organization and the education of your child are not a permanent source of conflict. In the event of disagreement on the terms of custody, the judge may impose it on you provisionally for six months. After this period, you can request confirmation of alternate residence or a different type of care.
How is alimony calculated?
The law provides that each of the parents, even in the event of separation, contributes to the maintenance of the child. The amount of the participation of one and the other is calculated according to the income of each, the number and the age of the children. In principle, maintenance payments are made monthly, twelve months out of twelve, including when the child is on vacation with the parent who has to pay it. It is indexed to the cost of living and therefore revalued each year. If you do not agree on the amount to be paid, you must refer the matter to the family court judge. In the event of non-payment, you can get help from your Family Allowance Fund. In the event of a change of situation, you can request the modification of the alimony, upwards or downwards, on request addressed to the judge. In addition, if you choose joint custody, be aware that everyone’s contribution can be made in kind, with or without the addition of alimony.
To discover in video: Losing parental authority when you separate?