New publication in the Guide Defrénois de la Rédaction des Actes

Publication du guide Defrénois de la rédaction des actes
News at Etude 352

Justine Meyer and Camille Millet have just published in the Guide Defrénois de la Rédaction des Actes a practical sheet called : “Renonciation à succession”. In this fact sheet, intended for their fellow notaries, they discuss the specific features, conditions and consequences of the waiver of inheritance, as well as how to draft it in the best and safest way possible, whatever the estate might be.

Read the full article here.

Alexandra Cousin offers a “New method for calculating spousal maintenance” in AJ Famille

Méthode de calcul de la prestation compensatoire
News at Etude 352

Alexandra Cousin recently published an article in the April 2024 issue of AJ Famille offering a new method for calculating spousal maintenance. This method, applicable to all assets and incomes, is intended for legal practitioners, who are responsible for choosing the parameters to be taken into account when calculating the spousal maintenance. Simple and concise, it is also aimed at divorcing couples, to help them better grasp this complex issue, often described as a source of anxiety and uncertainty.

Justine Meyer publishes a new article in the french legal review Defrénois

News at Etude 352

In collaboration with Maître Alice Munkc-Baraud, French lawyer, Maître Justine Meyer has just published a new article in Defrénois: « La SCI, obstacle redoutable lors du divorce ? » (SCI*, a formidable obstacle to divorce?)

In it, she tackles the complex issue of SCIs which, subject to their own regulations and statutes, often confuse the judge during a divorce. How do you settle the question of the attribution of the family home or the payment of the loan by a lone spouse when the property is held by an SCI? What are the solutions and useful tips to facilitate the divorce of spouses who are also partners?

Read the full article here.

Justine Meyer publishes an article in the french legal review Defrénois

News at Etude 352

This week, Defrénois published the article “SCI et divorce, les réflexes à acquérir” (“SCI* and divorce, the reflexes to acquire”). In partnership with Maître Alice Munck-Barraud, french lawyer, Maître Justine Meyer tackles the complex subject of SCIs in divorce proceedings: what information should clients be asked to communicate, and what advice should they be given? How do you determine the identity of the partners or the rights of each spouse in the company? What are the pitfalls to avoid?

The full article is available here.

* An SCI is a property management company under french law, it stands for “société civile immobilière” which literally means real estate civil company.

Divorce by mutual consent – Recognition and enforcement in the European Union

Legal News

The certificates provided for in Articles 36 and 66 of Council Regulation (EU) 2019/1111 of 25 June 2019, formerly Article 39, allow a decision, an authentic instrument or an agreement to circulate between the Member States of the European Union.

Previously, in the case of agreements for legal separation or divorce by mutual consent by private deed countersigned by lawyers, this certificate could be issued by a notary in France.

Since the entry into force of the Council Regulation (EU) 2019/1111 of 25 June 2019, this recognition certificate can no longer be issued by a french notary. It is now issued by the President of the Judicial Court.

Dans le cadre d’un acte authentique ou d’un accord, les parties, seules ou accompagnées de leurs avocats, doivent faire la demande de certificat au Président du Tribunal judiciaire, soit :

  • in whose jurisdiction the authentic instrument was received,
  • in the jurisdiction in which the private deed countersigned by lawyers was filed with a notary,
  • to the President of the judicial court whose registry affixed the executory clause to the agreement.