Distribution of Marital Assets in France

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Friendly, easy to understand & patient!
Darren Beckett
Darren Beckett
26 Feb 2025
3rd Party Review

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Service Details

Distribution of Marital Assets

This service is available across France

Who Is This Service For?

This service is designed for English-speaking individuals — whether residents, expats, or international couples — going through a divorce in France who need to understand and navigate the division of matrimonial assets under French law.

Whether you're ending a civil union (PACS) or a marriage, and whether your assets are held jointly, separately, or internationally, this service is for you if:

  • You want to ensure a fair and legal division of marital property

  • You are unfamiliar with the French matrimonial regime system

  • You are concerned about what happens to shared real estate, savings, or debts

  • You are dealing with a cross-border divorce with property in multiple countries

  • You want to avoid or resolve disputes over property, inheritance, or financial contributions

Who Is This Service For?

Prerequisites

The distribution of marital assets in France depends on several key factors:

  • Matrimonial Regime: Whether you were married under the default regime (communauté réduite aux acquêts), separation of property (séparation de biens), or a custom regime established by contract.

  • Notarial Intervention: A notaire is often required to oversee the liquidation and division of property, especially when real estate is involved.

  • Civil or Judicial Divorce: If the divorce is amicable (divorce par consentement mutuel), the division can be agreed upon by both parties and validated by a notaire. In contentious cases, the Family Judge (JAF) may be required to intervene.

  • Proof of Ownership and Valuation: Proper documentation must be provided, including property deeds, bank statements, valuations, and any prenuptial or matrimonial contracts.

  • Consideration of Debts: Shared debts may be divided depending on their origin, purpose, and when they were contracted.

Prerequisites

Procedure: Our Approach

Our bilingual family lawyers in France guide you through the entire legal and financial process of matrimonial assets distribution, providing clear, strategic advice every step of the way:

  1. Initial Consultation: Review your matrimonial regime, property portfolio, and financial documents.

  2. Asset and Liability Assessment: Identify and classify assets as personal or marital, and determine how debts will be treated.

  3. Negotiation and Mediation: Support amicable agreements where possible, helping you avoid court and minimize emotional and financial costs.

  4. Legal Filing: Draft or review the legal documentation for property division, including notarial deeds (acte de partage) or proposals for contentious litigation.

  5. Representation Before the JAF: In contested cases, represent you in court proceedings and advocate for your fair share.

  6. Post-Divorce Support: Assist with the actual transfer of property between spouses in France, tax implications, and updates to property records.

Procedure: Our Approach

Benefits of this Service

  • Expert Knowledge of French Matrimonial Law: Benefit from guidance grounded in deep expertise of French divorce law property and how it affects financial and real estate holdings.

  • Protection of Your Rights: Ensure your contributions — financial or otherwise — are recognized during the division process.

  • International Perspective: Get support for divorces involving cross-border property, offshore accounts, or foreign courts.

  • Avoid Costly Errors: Mistakes in asset classification or legal documentation can be costly — we help you avoid them.

  • Bespoke Strategy: Receive advice specific to your matrimonial regime, whether default, contractual, or separation of assets.

Benefits of this Service

Key Elements of this Service

  • Full review of your matrimonial property regime and legal status

  • Evaluation and classification of assets and debts

  • Coordination with a French notaire for legal asset division

  • Drafting of legal documents and assistance with property transfer

  • Legal representation in French court (if needed)

  • Strategic advice for international and cross-border property issues

  • Support with post-divorce real estate transfers and tax implications

  • Clear communication and ongoing guidance in English

Key Elements of this Service

Free Support Services Included

When combined with the free and innovative Advocate Abroad support services you can be sure that you are obtaining completely transparent legal services from registered and regulated English-speaking lawyers abroad.These support services include:

  • Verification of the regulatory status of your professional.
  • Fees as recommended by the Local Professional Body
  • Fees specified in advance and legally guaranteed.
  • Service levels agreed in advance and guaranteed.
  • All professionals must hold professional indemnity insurance.
  • Professionals' proficiency in English monitored.
  • Continuous quality controls and reviews.

Why choose Advocate Abroad?

Director
When we set-up Advocate Abroad 14 years ago, getting legal services abroad was something of a lottery.
Clients faced a variety of problems from poor levels of English to questionable moral behaviour by some practitioners.
So we set-up Advocate Abroad to ensure standards by checking lawyers’ background, language levels, and competencies...
...and now, having handled over 40,000 enquiries, via hundreds of partners in 20 countries, we think we must be doing something right!
Rosa Torrandell
Senior Lawyer, Advocate Abroad SL
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