I’m Getting a Divorce: Essential Tips for Navigating This Stage
I’m getting a divorce: discover everything you need to know: the procedures, child custody, asset division, and financing to approach this stage with peace of mind.
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I’m Getting a Divorce
Sometimes, divorce appears as the only possible solution. If in the 1980s, divorce was considered illegal in some European countries like Italy, Spain, or Malta, the divorce rate per thousand inhabitants has been around 2% on average in the European Union in recent years.
When a divorce procedure becomes unavoidable, it is important that you know the laws governing it. To ensure your divorce goes smoothly, here is some information and steps to follow that will be of great help to you.
I’m Organizing…
Divorce is only possible under numerous conditions. The court, in fact, refuses to examine a request without justified and acceptable grounds. The different cases a judge can receive are:
- a serious fault committed by one of the spouses (adultery, violence…);
- the deterioration of the marital bond;
- amicable divorce consented by both parties.
Whether you are the petitioner or the defendant, the procedure necessarily requires the engagement of a lawyer. They will determine your rights as well as the procedures to follow for child custody. Given the necessary cost of divorce, you may subscribe to a loan if necessary.
Asset Division
In the case of a consensual divorce, the division is made before the pronouncement of the divorce, following a notarized act.
The couple’s bank accounts and real estate assets are divided in two by the judge, except in exceptional cases. The division must be settled within 12 months following the divorce. In case of complications, the judge may grant an additional 6 months.
For housing, the spouse who wishes to stay in the marital home must pay a compensatory sum to buy out the other’s share. If both parties do not wish to keep the home, the amount received from the sale is divided between them. Donations and gifts given during the marriage cannot be revoked upon separation.
Compensatory allowance is granted if the divorce results in a difference in living standards between the couple. It is determined according to the applicant’s needs, the duration of the marriage, the age, and the living standard of each. The duration of the payment of allowances must not exceed that of the marriage.
Child Custody
If the cause of the divorce is violence, the petitioner can easily obtain custody. Otherwise, the judge will consider the opinion of professionals such as psychologists or child psychiatrists. They will decide in favor of the children’s interest. In divorces for fault or deterioration of the marital bond, adultery or abandonment of the family home presents an advantage for the other party.
Child support is an amount paid to minor children for their daily needs and education. It is the spouse who does not have exclusive custody who is required to pay it.
Costs to Anticipate in Case of Divorce
The cost of divorce includes the various services of lawyers, notaries, psychologists…
You will also need to anticipate the cost of introducing the case to court. This operation can be free if the couple does not have enough income.
For a consensual divorce, the couple can hire a single lawyer to reduce expenses. For disputes, a lawyer’s fee depends on the client’s resources, the duration of the procedure, the importance of the assets at stake, and the complexity of the case. It may vary depending on the regions (provinces and cities).
Characteristics
Case of a Divorce Consented by Both Parties
The essential documents are the marriage certificate, the birth certificates of the spouses, and that of the children.
If the reason for the separation is justified, the divorce is pronounced at the first hearing. But if the judge refuses, the couple drafts a new acceptable agreement according to the terms of the order issued by the judge.
The divorce is official 15 days after the pronouncement by the judge. One of the spouses can appeal to the Court of Cassation within 15 days of the judge’s decision.
Case of a Divorce Due to Irremediable Disunion
This type of divorce results from fault or abandonment of the family home by one of the spouses. The steps to follow are:
- Draft the request and submit it to the family affairs judge through the lawyer.
- A summons of the couple one by one and then together before the confrontation with their respective lawyer is established.
- The judge issues an order for provisional measures concerning the children, the housing of the other party, and child support before the officialization of the divorce.
After the judge’s decision following the evidence, they pronounce the divorce, and the couple proceeds to asset division within a year.
Practical Advice
- In a divorce for irremediable disunion, providing evidence to justify the spouse’s fault can speed up the procedure.
- To better assess the amount of child support, it is advisable to prepare a summary of monthly expenses in advance and present it to the judge.
- To avoid any disappointment, it is more prudent to consider revoking all powers of attorney that may have been given to your spouse, especially those related to bank accounts.
- Seeking the help of a notary facilitates the procedures, especially in a mutual consent divorce.
- Before deciding to divorce, it is possible to try a de facto separation to reflect on whether dialogue is still possible and if the couple’s life can still have a chance of survival.
- Sometimes, some couples remain married but initiate a request for separation of bodies. In this case, the assets must be divided since the duty of cohabitation is no longer maintained.
- Having a clear vision of your financial situation is crucial at the time of divorce. For this, it is important to inventory your assets and sources of income. If necessary, it is possible to call on a bailiff who can make an inventory of the movable assets under the best conditions. This also allows for reflection on moving and setting up a new home.
- Once the initial emotional shock has passed, it is advisable to maintain exemplary conduct throughout the divorce proceedings to avoid uncontrolled actions or words turning against you. Abandoning the marital home is also completely prohibited.
Check List
Case of a Marriage Governed by the Separation of Property Regime:
- You must justify the origin of all your resources.
- Search for all your invoices, assets without invoices will be shared between you.
- Ensure that all your assets are in your name.
Case of a Marriage Under the Community Property Regime:
- If you decide to live in the common home, anticipate the real estate debts and maintenance fees.
- If you decide to sell, only receive visits when you can both attend.
- Draft a list of all your personal assets.
- For debts and taxes, find an agreement or share them between you.
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