It’s not a secret that globalization has also extended the choice of grooms and brides. The shortage of grooms in Kazakhstan brought many of our Kazakh brides to different parts of our planet. You can accommodate yourself to keep living with any shortage of goods and valuables, but the shortage of grooms is unacceptable and is excluded by default. Otherwise, one’s personal life can turn to a tragedy.
Usually, the purpose of meeting people for our girls is to marry to somebody. But life suggests that the wise invention of humans is not a marriage, but a divorce. The decision to marry is usually taken immediately. However, for a divorce, the person spends much more time before take a decision. When the question is about the marriage, only few people think about the eventuality of the divorce and its consequences.
The price of the subject increases proportionally to the growing number of marriages with foreign people. Girls always know what they leave behind when leaving its homeland (moving out to a new culture to adapt and to bring their investments), while the future may not be as they would desire.
Today, many of our girls receive a proposition of marriage from foreigners. Definitely, it happens without any prior discussion with a lawyer or a specialist about the outcome in the event of a divorce.
Meanwhile, it is important to know, especially in case of « division of property » or so-called in French “separation des biens”, what are your rights when your spouse is not responsible for your tangible well-being and at any time can “jump off the footboard of the blue car” (Russian idiomatic expression), taking with him a joint child.
About 7 years ago, one Kazakhstani compatriot requested an unexpected information: to provide with contacts of a French lawyer specializing in divorce. The request was coming on the eve of its marriage in Paris with a foreigner.
Enough time passed, and everything is going very well today: they got two children who have strengthened their marriage even more. The spouse is serene: after all, they signed all guarantees in the marriage contract in case of a divorce.
Another example, when our compatriot for the sake of marriage with a French gentleman left her good position in Kazakhstan with the accumulated capital and moved to France. They bought a building and created a hotel business. She invested her excellent knowledge in the logistics of such a business. But the former family of the French husband, claiming to have a part in a successful business, led the couple to the divorce process. The divorce lasted for three years, with the payment of huge fees to lawyers. As a result, the business was ruined and they withdrew from the court game « happy » with bank debts for the divorce proceedings. In such a process, as in many divorce cases, only lawyers benefit from.
In France, there are two main concepts: a marriage by default (without a contract) and marriage with a contract. Marriage with a contract implies the so-called « séparation des biens ». What is a « division of property » in nuts? The French say « the devil hides in details ». Before the divorce and during the marriage, the responsibility for your “family” debts (i.e. expenses for children, loans, house expenses and various daily expenses, etc.) are covered by both spouses in solidarity, regardless of whether the marriage contract was concluded or not.
Sources:
http://interetsprives.grouperf.com/article/0662/ms/intprims0662_4459153.html
In the event of a divorce, the « séparation des biens » comes into effect, i.e. the division of your common property, depending on who paid for it and in which financial proportion.
Suppose you bought an apartment and contributed 30% of its value, therefore these 30% will return to you after the divorce. In a marriage without a contract, you will own exactly half of the property, that means the 50%.
Also, if you were offered a ring and maybe several rings, then it will return to the person who actually paid for and who can be able to provide a proof of the payment. Here is a real story of the divorce happened in February 15th, 2018, where the wife was offered multiple jewelries by her spouse (Boucheron ring: a central diamond and 56 small round diamonds, a 11-carat diamond bracelet, 3 carats sapphire, 2.27 carat ring, etc.) and was asked by court to give back the jewelries in its entirety to her husband who paid for them (due to the division of property contract clauses).
Full story in French:
http://sosconso.blog.lemonde.fr/2018/06/25/divorce-a-qui-appartenaient-les-boucles-doreille/
Also, French law excludes alimony in case of division of property. The final decision will belong to the court and negotiations between the lawyers. At the same time the alimony in marriage by default without a contract is a standard and guarantees to apply the same life conditions before and after a divorce for both spouses.
Exactly the same scheme takes effect, in the case of a heritage if one of the spouses dies. The spouse will be able to inherit only that part of the property for which he paid by himself, depending on the proportion of the joint investments and depending on the number of heirs of the dyed spouse.
Source:
In conclusion, the so-called “séparation des biens” protects the personal property and assets of each of the spouses. If the property is acquired together, so it will be divided in the same proportion as was invested initially by each of the spouses.
Before signing a contract, it is worthwhile to think about what kind of contribution each spouse will bring into family and whether this regime corresponds to your needs and values. The contributions can be your salary, everything you buy, the birth of children, your maternity leaves (usually low-paid or un-paid), your support to the spouse and generally the time spent with your children and family, etc. It is necessary to bear in mind, that in case of a contract, that no contribution will be considered by the court. After the divorce, you will get back only your cash investments.
By the way, recently the French government introduced new procedure of the divorce without court but going through a notary (divorce by mutual consent). It is now sufficient to have 2 lawyers who will apply the French law. Due to the fact that the law is too new it should be carefully applied by the spouses. As an example, in the divorce happened on June 30, 2017, the spouse put her divorce case into court to challenge and reconsider the initial decision applied by two lawyers. In this initial decision, the spouse who does not work and brings up the joint child did not receive half of the jointly acquired property (the spouse sold it out and transferred the money to a separate account without informing the other spouse), did not receive alimony after marriage and received minimal child support alimony insufficient to satisfy the minimal life conditions:
Source:
http://sosconso.blog.lemonde.fr/2018/06/18/premiers-contentieux-lies-aux-divorces-sans-juge/
Sometimes you do not think about the subtleties of divorce proceedings in France. We would like to minimize your risks with right information.
With best wishes of love, happiness and the right choice for our princesses in their marriage with European gentlemen.
The AKF Bureau expresses gratitude to all our ladies participating in the discussion of this subject.
Paris, July 07 2018.