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Difference Between French Separation or Community Marriage

 

Customer Question

I am a South African citizen living in the UK on an Ancestry visa. I married a French man in Nice, Cote D'Azur in June 2010 and lived there for under a year until I moved back to London. I am now looking to divorce.

When we married in Nice, I was not told there are two types of marriage, and my marriage certificate does not tell me what type it was - in other words, what is the difference between a separation or community marriage inn France and what is the most common one given to people please?

i.e. I need to know what this means relating to a divorce. Thank you.

Submitted: 335 days and 14 hours ago.
Category: French Law
Value: £19
Status: CLOSED
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Expert:  Fran-mod replied 335 days and 5 hours ago.

Hi, I’m a moderator for this topic and I wonder whether you’re still waiting for an answer. If you are, please let me know and I will do my best to find a professional to assist you right away. If not, feel free to let me know and I will cancel this question for you. Thank you!

Customer replied 334 days and 21 hours ago.

Hi Fran - thank you for your vigilance - no I have not yet had a reply, I will be grateful if you can help me find an answer.

I was previously given advice for a French law question by T Perrin C - perhaps he could assist. Anyone else is fine too.

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Expert:  Fran-mod replied 334 days and 20 hours ago.

Sometimes, finding the right Expert can take a little longer than expected and we thank you greatly for your understanding. We’ll be in touch again shortly.

Accepted Answer

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Expert:  T Perrin C replied 334 days and 15 hours ago.

The legal matrimonial regime in France (=that which applies to you unless you specifically sign a marriage contract) is régime de la communauté réduite aux acquets. Which means that all assets/liabilities of any kind acquired by both spouses from the date of the marriage on are matrimonial assets which will be divided equally in case of a divorce. Except assets acquired by inheritance which belong personally to the spouse who inherited them. Assets belonging personally to one of the spouses before the marriage remain his/her personal property and are not to be shared upon divorce.

Expert TypeConsultant en droit du travail
Category: French Law
Pos. Feedback: 96.3 %
Accepts: 662
Answered: 5/17/2012

Experience: 8 years as a Senior judge at Paris Conseil de Prud'hommes (Paris Industrial Tribunal)

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