Lesson 1Procedure for consensual divorce before a notaire vs. judicial divorce: steps, timelines, evidentiary requirementsDis section compares consensual divorce before a notaire with judicial divorce, outlining admissibility conditions, drafting of the agreement, procedural steps, timelines, evidentiary duties, and judicial review where children or vulnerable spouses are involved.
Eligibility conditions for notarial divorceDrafting and content of the divorce agreementJudicial divorce petition, hearings, and stagesTimelines, delays, and cost considerationsEvidentiary requirements and judicial controlLesson 2Division of matrimonial property under default regime (régime légal) and treatment of assets titled in one spouse’s name vs. joint savingsDis section examines division of matrimonial property under the default community regime, distinguishing common and separate assets, addressing bank accounts and savings, and explaining liquidation, equalization payments, and treatment of debts and hidden assets.
Structure of the French legal community regimeClassification of community and separate assetsTreatment of bank accounts and joint savingsLiquidation steps and equalization paymentsDebts, hidden assets, and liability issuesLesson 3Child residence (résidence de l’enfant) and allocation of time: usual solutions, visitation rights, prohibited relocations within EU contextDis section covers child residence and contact arrangements after divorce, describing typical residence models, visitation schedules, relocation restrictions, and the role of the child’s views and best interests, including EU rules on cross-border moves.
Alternating versus primary residence modelsStandard visitation and holiday schedulesCriteria for fixing or changing residenceRelocation disputes and EU free‑movement limitsHearing the child and best interests analysisLesson 4Spousal support (prestation compensatoire): purpose, calculation methods (capital vs. rente), timing and enforceabilityDis section analyzes spousal support in French law, explaining its compensatory function, eligibility criteria, calculation of lump sum versus annuity, timing of requests, modification or termination, and domestic and international enforcement of awards.
Concept and aims of prestation compensatoireFactors guiding amount and form of supportLump sum versus annuity: advantages and risksProcedural timing, modification, and terminationSecurity interests and enforcement of awardsLesson 5Jurisdiction and choice of forum for divorce when spouses live in different countriesDis section addresses jurisdiction and choice of forum in international divorces, covering EU and French rules on habitual residence and nationality, lis pendens, parallel proceedings, and strategic selection of the most favorable forum and applicable law.
EU and French jurisdictional connecting factorsHabitual residence, nationality, and domicile testsLis pendens, related actions, and forum conflictsForum shopping and strategic forum selectionApplicable law and limits on party autonomyLesson 6Child support (pension alimentaire): calculation principles, tables, judicial discretion, enforcement across bordersDis section explains how French courts calculate child support, using statutory guidelines, income data, and judicial discretion, and examines modification, enforcement tools, and cross-border recovery within the EU and beyond.
Legal basis and scope of child support dutyUse of national reference tables and income dataJudicial discretion and deviation from guideline amountsModification, indexation, and duration of paymentsDomestic and cross‑border enforcement mechanismsLesson 7Specific rules for immovable property acquired during marriage: community property presumption, contribution claims, compensation for use and occupationDis section focuses on immovable property acquired during marriage, explaining the community presumption, proof of separate ownership, contribution and reimbursement claims, and compensation for exclusive post-separation use and occupation of the family home.
Community presumption for real estate assetsProof and tracing of separate real propertyFinancing contributions and reimbursement claimsUse and occupation compensation after separationRegistration, priority, and third‑party effectsLesson 8Effects of divorce on parental authority: French rules on continued shared parental authority, modification of residence of the child, and best interests standardDis section analyzes the effects of divorce on parental authority, emphasizing the presumption of joint authority, criteria for modifying residence or decision-making powers, emergency restrictions, and the central role of the child’s best interests in all decisions.
Principle of continued joint parental authorityAllocation of day‑to‑day and major decisionsModification or withdrawal of parental rightsEmergency measures and protective ordersBest interests assessment and judicial reviewLesson 9Overview of divorce types in French law: divorce by consentement mutuel, divorce accepté, divorce pour altération définitive du lien conjugal, divorce pour fauteDis section presents the main French divorce types, outlining legal grounds, evidentiary burdens, and procedural paths for mutual consent, accepted divorce, irretrievable breakdown, and fault-based divorce, with practical guidance on choosing between them.
Divorce by mutual consent: structure and effectsAccepted divorce: areas of agreement and disputeIrretrievable breakdown and separation durationFault‑based divorce and proof of misconductChoosing the appropriate divorce groundLesson 10Practical litigation strategy and urgent protective measures (mesures provisoires) in French family proceedingsDis section focuses on litigation strategy in French family cases, including forum selection, evidence planning, and negotiation, and details urgent protective measures, interim relief, and coordination with criminal or child-protection proceedings.
Choosing claims, forum, and procedural postureEvidence gathering, witnesses, and written submissionsNegotiation, mediation, and settlement tacticsProvisional measures on housing, income, and childrenInteraction with criminal and child‑protection cases
