Family Law and Human Rights
The Family Law is a wholeness of rulings giving some delimitations to the conditions and effects of the parent-hood links, its intimacy of the private circle of a family.
It has to deal with existing personal relationships, or translative considerations regarding either property or family assets between members of a same family.
Whatever aspect come to one’s mind, beyond the personal and the material interests of each pursuant at stake, the immediate concern of a professional is besides and, above all, to protect from damaging the interests of the child, or the children.
Of such a fundamental importance the interest of a child is also regarded as a notion related to the “legally protected public domain”.
Nonetheless most legal systems give a great aknowledge to marriage, likewise one of the most ancient human traditions, all human beings are borned, are alive and, eventually, die away. The Family Law cannot, therefore, be disconnected from the Human rights. As life goes on and on, human beings have rights and duties and, are, all, supposingly, equal in rights while facing Justice up on behalf of these exactly same rights and duties.
Therefore, happiness, steep moments and struggles of all nature come through into the daily evolution of the Family Law and the Human rigths. My Law Office will not give here an acurate and deep count of each of these above exposed dimensions.
For you to be helped to go by and live along with such dimensions, the H.P.S Law Office is at your entire disposal, with as much as comprehension as possible, with the help of my know-how and receptivness, as much as I may have while listening to you.
It is said that divorcing is part of the big moments of life, Maître HANS SAK and his Law Firm, on how a marriage comes to dissolution, hereinafter provides you some main divorce list issues. Not at all exhaustive with procedure concerns, this list will help you make the best choice.
As far as the Law Office is concerned my Law Firm will not cheat on other aspects of the Family Law and persons’ rights, that are both of the same importance.
Do not hesitate to contact the Law Office and may you feel confident and free with H.P.S.
“At the legal pronouncement, the divorce act dissolving the marriage is compared to the dire dissolution of the spouses’ life”.
For pacifying purposes, ranging from complexed procedure to the simplified procedures established in France since Jan. I, 2005, as an Attorney at Law my concern is to help you choosing the right one amongst all the existing legal proceedings leading to a French divorce.
Divorce with Mutual Consent
To lead you to one of the French existing legal divorces, since JAN. I, 2005, the above mentioned procedure is considered to be a quick, a cheap and, an easy one. The conditions however are very strict regarding the good legal terms to be adopted for children, real estate, property and personal sakes in the legal rupture convention. If there are so, in a three or four months time, just after the hearing of the Judge - unless both spouses do not agree anymore to their rupture convention established with the assistance and advice of an Attorney at Law - the Family Judge legally pronounces your divorce within very few days.
Divorce with Fault
As the French laws state, an Attorney at Law is obligatory to enter this specific legal pathway.
Always with strict conditions regarding the good legal terms to be adopted for children, real estate, property and personal sakes, the above mentioned procedure is qualified as a very complexified one. As painful as it is, the facts are to be prooved against one of the spouse so to plainly establish one violation or some renewed violations of the duties and obligations within its marriage. On a cumulative basis, these facts have also to be prooved in order to establish their impossible mutual bearings leading to their dissolution of the spouses’life.
This procedure is a step by step one and, is told to be expensive in money and in time. Firstly, as the Courts’judicial attributions have the obligation, the Family Judge will always be in charge in helping you finding a conciliation status. If not, secondly, the written phase of the procedure has a start. If an agreement is obtained in-between, in order to forget wrongs, undoes and useless sufferings, the Family Judge may give the possibility to the spouses to make a common declaration for a “divorce with acceptance caused by personal rupture”. This procedure leads then to a divorce act containing no griefs recorded or expressed as such. However, the Family Judge will entirely remain with the attribution of judging and setting-up the whole legal consequences of your separation regarding your children, real estate, property and assets interests.
Divorce with Acceptance caused by Personal Rupture
This judicial type of divorce act has no enounciation or namely griefs appearing. After the first hearing by the Family Judge whom legally aknowledge their lack of conciliation, both spouses file for an accepted divorce given to one another. The acceptation is formally stated in a writtten and signed document by each spouse which will remain enclosed within the divorce writ. Once this document is submitted to the Family Judge, none of the both spouses is authorized to go backwards while the procedure has started. The initial common written proclaimer by both spouses is still used before the Court of Appeal level with no possible exception. However at any moment, an appropriate legal fit does exist to change and, file for a divorce pronounced on a “mutual consent” basis.
Divorce with the Definitive Alteration of the Conjugal Link
This type of divorce is a legal consequence of the breaking off of the community of life between spouses. It utterly assumes a separation of both having lasted for two years long. Lodging a “main courante” at the police-station services, right at the beginning of the leaf-time of one of the spouses from the conjugal home will acertain the reality of the fact and the duration of it.
Should you hesitate my Firm will stand giving you the right advice, even for grievances coming up after the legal pronouncement of your divorce (diminution or raise of the divorcee’s money allowance given for the care and the rise of your children, rights of visits to be modified, or new authoritative orders to be obtained after a renewed judicial procedure by one parent against another).
To put it straight, for the care of family legal issues, my intervention might definitely help you to compose with :
- divorce with mutual consent
- divorce with fault
- divorce with acceptance caused by personal rupture (jointly agreed statement)
- divorce with the definitive alteration of the conjugal link
-setting-up/modification of the maintenance allowance of the children or the alimony of the divorced spouse.
- setting-up/modification of the visiting rights due to the children and of their housing legal rights.
Lastly, if you have become newly singled, or not even married yet, remember that a French Law Firm such as H.P.S is always useful to alarm you on all legal arrangements regarding your children after your separation episode, or if you need to become a PACS partner.
My Law Firm is also ready to help you with other areas of the French Family Law :
- claims about marriage (formation, constitutional impeachments of marriage related to formal or ground conditions)
- matter pendings regarding the dissolution of the community of life of spouses or two people
- claims about the support by subsidies
- exequatur of foreign judgements
- claims regarding the bearing of the name, or a surname name loss, changes to be done or some recent alteration of a name or a surname
- immigration and appliance for Frrench nationality
- claims concerning all children issues and rights.