You will thus be more likely to obtain a good judgment at the end of the divorce procedure.
During a divorce, many people fear being injured and not obtaining a fairly fair justice decision. In general, couples about to separate fear of losing custody of their children, seeing their property poorly distributed or paying a pension too high. Especially when the separation is conflictual and one of the spouses seems better prepared than the other. However, in both parties, preparing well is essential to defend your interests. And in this procedure, one step in particular should not be underestimated.
According to Maître Héloïse Kawaishi, it is often taken lightly by customers because for them “This is not the real divorce”she explains in a video on her tiktok account, alias @heloisekawaishi. Except that in reality, this step is essential to prepare for its defense, but also and above all to fix the claims of the customer, in other words what he wishes to obtain at the end of the procedure. Concretely, in law, this step is called the audience of provisional measures.
“It is at this point that we set the duty of rescue, childcare rights, the amount of alimony, etc.”, underlines the lawyer and mediator in family law. The duty of help is a legal obligation between the spouses to pay financial aid if one of the two is in need. This is valid even in the event of a divorce procedure. In this specific case, this duty translates into the payment of alimony during the procedures, in order to ensure a minimum standard of living to the most vulnerable spouse.
Once the divorce is pronounced, this obligation disappears and can be replaced, if necessary, by a compensatory allowance. This is precisely the interest of taking the audience seriously provisional measurements seriously. “”If there is a financial imbalance, between the spouses, the women will be entitled to a duty of help. The duty of help is a sum which is allocated by the husband who earns the husband the most who wins the least during the divorce procedure. It is a provisional measure which is therefore temporary, and which is then converted into compensatory allowance when pronounced divorce “details Maître Héloïse Kawaishi. The amount of the service is fixed according to the needs of the husband concerned and the resources of the husband who must pay it.
This is precisely there all the interest of taking the audience with provisional measurements seriously. The stake can even be crucial. “If you get a good decision in provisional measures, you will be more likely to obtain a good divorce decision at the end, at least from a financial point of view”, specifies the lawyer. The customer thus knows his rights, his financial supports and also optimizes his chances of reaching a fairly equitable judgment!
