Before even talking about divorce, certain decisions already weigh heavily, and few people really measure the consequences. Whether you have children or not, here are the mistakes that risk complicating everything.
According to figures from the Ministry of Justice, around 100,000 divorces are granted each year in France. There are three types of contentious divorces pronounced by a judge (for fault, for definitive alteration of the marital bond, for acceptance of the principle of the breakdown of the marriage) and divorce by mutual consent, which is a type of non-contentious divorce. Divorce can take as little as three months… Or it can take much longer. Being accompanied by a professional is therefore essential. “The first step when wanting to divorce is to consult a lawyer. There are different types of divorces in France, with specific conditions and procedures. So you need to know your options“, recommends Clairette Olympio, lawyer.
The latter reminds that, whatever the type of divorce, whether it is an amicable divorce without going before a judge or a contentious divorce, the assistance of a lawyer is mandatory. “The lawyer can, for example, explain to his client why leaving the marital home too quickly could weigh against him for the rest of the procedure. We are here to explain what it is possible to do, and the potential consequences of these actions“, explains Master Olympio. But it is also essential to choose the right divorce strategy.
“Often when there is a fault, for example infidelity, those around you can push for a contentious divorce, to make people pay.“, explains the lawyer. One of the interests of a divorce for fault pronounced solely at the fault of the other is to obtain damages. Not only is this compensation often very limited, but it is also a long, costly and psychologically very heavy procedure. “We have to ask ourselves the question. How much do I need this divorce to be pronounced on sole faults? Sometimes, clients regret it and would have preferred to quickly put this story behind them to mourn.”observes Clairette Olympio. Finally, the most important thing is to remember that there is an obligation of transparency regarding assets in a divorce procedure. However, another reflex is essential…
That of protecting your personal data! “This is not anecdotal advice. You need to change your email account passwords, personal bank account, platforms, etc. It is also about preserving your strategy and preventing, for example, others from having access to your exchanges with your lawyer. It will be up to you to explain things in due time.“, insists the lawyer.
In summary, preparing well for a divorce means anticipating the legal, practical and personal aspects. This requires good information on the types of procedures, appropriate support and particular attention to the protection of your data. In the presence of children, it is also crucial to think about the future organization to best preserve their balance. The more the process is thought out in advance, the more likely it is to take place constructively.
