Droit de la Famille

Family Law Course Summary

This course covers family law, focusing on marriage and relationships outside of it. It discusses civil partnerships (PACS), cohabitation, marriage formation/dissolution, divorce, child custody, and parental authority. The course also explores financial implications and legal rights related to these topics.

By reading this summary, you can expect to:

• Understand the legal frameworks of different family structures in France.
• Learn about the rights and responsibilities of partners, spouses, and parents.
• Gain insights into the processes of marriage, divorce, and child protection.
• Comprehend the financial aspects and consequences of family law.

Core Content:

1. Cohabitation vs. PACS vs. Marriage:

• Explanation: This section contrasts the legal structures that involve common life, comparing cohabitation(free union and defacto relationships), PACS (civil solidarity pacts), and marriage regarding formation requirements, rights, and responsibilities.
• Explanation: The basic contract and the differences between the types of unions.

2. PACS (Civil Solidarity Pact):

• Explanation: Details the formation (substantive and formal conditions) and effects of PACS, focusing on financial aid, mutual assistance, debts to third parties, taxation, and social security.
• Explanation: Describes how dissolution can be voluntary (mutual or unilateral decision) or involuntary (death), and the financial and legal consequences of such dissolution.

3. Marriage Formation:

• Explanation: Explores the marriage requirements, like consent, gender (now including same-sex marriage), age, and prohibitions based on kinship degrees. Additionally covers formalities, the impact of opposition to the marriage, and annulment conditions.
• Explanation: The nullity of the marriage conditions covers who can oppose as well as when and what to do if nullity occurs.

4. Effects of Marriage:

• Explanation: Delineates the personal (reciprocal duties like fidelity, support, assistance) and financial outcomes resulting from marriage, emphasizing contribution to household expenses and matrimonial regimes.
• Explanation: Discusses the personal and pecuniary side-effects of co-marriage such as reciprocal duties of fidelity as well as community or separate property.

5. Divorce:

• Explanation: Explores each particular case of divorce by mutual consent (extrajudicial or judicial), acceptance, definitive alteration of the conjugal link, or fault.
• Explanation: Covers the conditions, and procedures including the consequences. The types of damage that can be inflicted as a result of this include compensation and other monetary support.

6. Divorce Consequences:

• Explanation: Explains the different consequences concerning both personal and financial, including the liquidation of matrimonial regimes, compensatory allowance, and damages.
• Explanation: The consequences include liquidation and damages or remuneration.

7. Child Custody:

• Explanation: The link of the child can be determined by affiliation, medically assisted reproduction or adoption.
• Explanation: The general and special cases for what would occur in situations regarding children.

8. Parental Authority:

• Explanation: Details the attribution and exercise of parental authority (joint or unilateral), defining the extent and execution of the maintenance commitment and responsibilities.
• Explanation: Covers scenarios ranging from how to maintain care, to removing the custodial rights from a parent (partially or completely).

Q&A:

Q: What is PACS, and how does it differ from marriage?

• A: PACS (Civil Partnership) is a contract between two adults (same or different sex) to organize their joint life. It differs from marriage as it has a simpler formation process and different rules regarding property and inheritance.

Q: What are the grounds for divorce in France?

• A: There are four grounds: mutual consent, acceptance of divorce principle, definitive alteration of the conjugal link, and fault.

Q: What is a compensatory allowance in the context of divorce?

• A: This is a payment one spouse may be ordered to pay to the other to compensate for the loss of standard of living due to the divorce.

Q: Can same-sex couples get married in France?

• A: Yes, since the law of May 17, 2013, same-sex couples can marry in France.

Q: What happens to child custody in case of divorce?

• A: The court decides based on the child's best interest, usually granting joint custody unless there's a reason for unilateral custody.

Q: What is the "definitive alteration of the conjugal link" as a ground for divorce?

• A: It refers to the irreversible breakdown of the marital relationship, often evidenced by a specified period of separation.