Legal issues France

In France, there are different types of marriages and partnerships, each with its own features and legal implications.

 

Civil Marriage: This is the only form of marriage recognized by French law. It is conducted at the town hall. The civil marriage procedure is mandatory for all couples, including foreigners and representatives of various faiths. After a civil marriage, couples may hold religious ceremonies if they wish.

Main steps of concluding a civil marriage:

- Submission of an application to the town hall 4-6 weeks before the intended date of marriage.

- Publication of a marriage announcement 10 days before the ceremony.

- Submission of necessary documents: identity proof, birth certificates, proof of residence, and marriage eligibility certificates for foreigners.

Main requirements

Age and consent: Both partners must be over 18 years old and give their voluntary consent to marriage. If one partner is under 18, parental consent and court permission are required.

Residency:

At least one partner or one of their parents must reside in the commune where the ceremony will take place for at least 30 days before submitting the marriage application.

Witnesses: Information on at least two witnesses (maximum of four) must be provided, including copies of their IDs, date and place of birth, profession, and address.

Ceremony: Both partners and witnesses must be present. The ceremony is conducted in French, and a translator can be invited if necessary.

Marriage registration: After the ceremony, the couple receives a livret de famille (family book), in which all future events, such as the birth of children, divorce, or death of a spouse, will be recorded.

 

Religious Marriage: A religious marriage in France has no legal force and is conducted only after a civil marriage. The religious ceremony can be organized in a church, temple, or other religious institution of the couple's choice. This type of marriage is suitable for those who wish to observe their religious traditions after the official civil marriage.

 

Civil Solidarity Pact (PACS): This form of civil partnership is available for both heterosexual and same-sex couples; it provides legal rights and obligations similar to those of marriage (inheritance rights, tax benefits) but with some limitations, such as the lack of rights for joint adoption of children.

Procedure for conclusion:

- Registration at the town hall or with a notary.

- Submission of identity documents, birth certificates, and PACS agreement.

 

Additional Information

Marriage contract: If a couple wishes to conclude a marriage contract, it must be done with a notary before submitting the marriage application.

Timeframes: It is recommended to start preparing documents and planning the ceremony several months before the intended marriage date.

Registering the birth of a child in France is a mandatory procedure and must be conducted within five working days after the child's birth.

 

Place of registration: The birth must be registered at the town hall of the commune where the child was born. Usually, the hospital or maternity ward where the child was born sends a birth notification to the town hall.

 

Who can register the birth: The registration can be carried out by the child's parents or another authorized person present at the birth (e.g., a doctor or midwife). Usually, this duty is entrusted to the father or medical staff.

 

Required documents

- Medical birth certificate issued by the hospital or maternity ward.

- Identity documents of the parents.

- Marriage certificate of the parents (if applicable).

- Declaration of paternity (if the parents are not married, and paternity has not yet been established).

 

Additional requirements for foreigners: Documents issued abroad must be translated into French and certified with an Apostille. In some cases, additional documents may be required depending on the parents' citizenship and their status in France.

 

Obtaining a birth certificate: After submitting all necessary documents, the town hall issues a birth certificate. This document serves as official confirmation of the child's birth and is required to obtain other documents, such as a passport and registration in the healthcare system.

 

Additional Information

Child's Last Name: Starting January 1, 2024, it became possible in France to give a child a double last name, combining both parents' last names if agreed upon by the parents.

Below are the main steps and requirements for registering a business as a foreigner in France.

 

In France, there are several types of companies you can choose from:

Microenterprise and Sole Proprietorship: Suitable for sole traders who wish to work independently.

Limited Liability Company: The minimum capital is 1 euro.

Public Limited Company: Requires a minimum capital of 37,000 euros.

Simplified Joint-Stock Company: Requires a minimum of two shareholders and a capital of 1 euro.

 

Registration Process

 

Choosing a Company Name: The company name must be unique and comply with the rules set by the French Intellectual Property Institute.

 

Preparation of Required Documents:

- Company charter.

- Proof of company address.

- Notice of company formation published in an official publication (Journal d'Annonces Légales).

 

Company Registration: The company is registered through a commercial court or online at infogreffe.fr. The registration cost depends on the type of company and ranges from 40 to 225 euros.

For some types of activity, additional licenses and permits may be required.

 

Tax Registration: After registering the company, you must register with the French tax administration. This can be done in person at a local tax office or online at impots.gouv.fr.

 

Opening a Bank Account: To conduct business, you will need to open a bank account with a French bank. This will require the company registration certificate, the company charter, and identification documents of the director.

 

Additional Requirements

Obtaining a Visa and Residence Permit: If you are not an EU citizen, you will need a visa and a residence permit with permission to conduct business in France (Talent Passport). The visa process starts at the French consulate in your country of residence and continues after you arrive in France.

 

Support and Advice: It is recommended to use the services of a lawyer or accountant for the correct choice of legal form and tax regime, as well as for assistance in preparing the necessary documents.

Notaries in France are public officials authorized to certify documents, giving them legal force. The main functions of notaries include:

- Execution and certification of real estate transactions.

- Drafting and certification of marriage contracts and wills.

- Certification of powers of attorney and document translations.

- Legal advice on various issues related to inheritance, marriage, business, and real estate.

 

Procedure for Obtaining Notary Services

 

Choosing a Notary: Foreigners can choose a notary using the official directory on the website (https://www.notaires.fr). Here you can find notaries who speak different languages, which can be helpful for those who do not speak French.

 

Required Documents:

Depending on the type of service, different documents may be required. All documents issued abroad must be translated into French and certified with an apostille.

 

Procedures and Costs:

Notary services in France are regulated by the state, and fees are fixed for different types of services.

 

Additional Services and Consultations

 

International Transactions: For transactions involving other countries, notaries can provide additional services such as apostille certification and the legalization of documents for use abroad. Notaries can also assist with tax issues and compliance with legal norms in various jurisdictions.

 

Legal Consultations: Notaries in France often offer legal consultations on a wide range of issues, which can be especially useful for foreigners unfamiliar with the French legal system.

Main types of divorces

 

Divorce by mutual consent

The simplest and quickest type of divorce, where spouses agree on all the terms of the divorce (including child custody, alimony, and property division).

The procedure is conducted without a court if there are no minor children. Both spouses must have their own lawyers who will help draft and sign the divorce agreement.

The agreement is signed and sent to a notary for registration, after which the divorce takes effect.

 

Contested divorce

Applied when spouses cannot reach an agreement on key issues.

There are several grounds for such a divorce: divorce by mutual consent, divorce due to separation (at least one year), divorce due to the fault of one of the spouses, and divorce due to the inevitable breakdown of family ties.

The procedure includes filing a petition in court, participating in preliminary hearings where temporary measures are discussed, and final hearings where final decisions are made.

 

Main stages of the divorce procedure

 

Hiring a lawyer: Each spouse should have their own lawyer to represent their interests. You can find a lawyer on the website (https://www.cnb.avocat.fr).

 

Filing the petition: For a contested divorce, one of the spouses files a petition in court, which is served to the other spouse by a court bailiff. In a divorce by mutual consent, the spouses' lawyers draft a joint petition and send it to a notary.

 

Preliminary hearings: During preliminary hearings, the court decides whether an agreement can be reached through mediation or if judicial proceedings are necessary. The judge may appoint temporary measures regarding alimony, custody, and residence.

 

Final hearings and judgment: In the final hearings, the judge reviews all evidence and arguments from both parties and makes decisions on all aspects of the divorce: child custody, alimony, property division, and other issues. After the decision is issued, the spouses' lawyers send it for registration at the civil registry office.

 

Additional aspects

 

International aspects: If a divorce is processed in another country, it can be recognized in France through a special procedure, provided there are no conflicts with French law and public order.

 

Residency rights: Foreigners residing in France based on marriage may apply for a 10-year residence permit to stay in the country after the divorce.

 

It is recommended to consult a qualified lawyer for detailed advice and assistance at all stages of the process.

State legal aid

Eligibility: Legal aid is available to persons lawfully residing in France, regardless of citizenship. Legal aid covers lawyer's fees and case-related expenses, such as court bailiff or expert services.

Conditions for obtaining: Access to aid depends on the applicant's income level. For full coverage, income must not exceed 915 euros per month; for partial coverage, it ranges from 916 to 1372 euros per month (depending on the number of dependents).

How to apply: Application forms can be obtained at the local court or from a lawyer. They can also be downloaded from the website of the Ministry of Justice of France.

 

Free consultations

Legal centers: In these centers, free consultations are offered by lawyers and other specialists. Such centers are located throughout the country and provide general legal advice, mediation assistance, and support for crime victims.

City municipalities: In some cities, free legal consultations are organized. Information about such consultations can be found on your city's municipal website.

Lawyer associations: Organizations such as Barreau Paris Solidarité and Avocats sans Frontières offer free consultations with lawyers, especially in Paris.

 

Legal protection through insurance

Coverage: Many insurance policies include a legal protection option, which can cover legal fees in case of disputes related to insured property or events (e.g., traffic accidents or fire damage).

 

International and Expat Organizations

Consulates and Expat Associations: These organizations can provide general legal advice and direct you to the necessary specialists. Consultations may be conducted in English, which facilitates the process for those who do not speak French.

Types of Documents Requiring Translation

Translation of official documents may be required for documents such as birth, marriage, or divorce certificates, driver's licenses, diplomas, and other legal documents. These translations are necessary for visa applications, residence permits, court proceedings, and other administrative actions.

 

Certified Translators

Official translations in France can only be performed by certified translators. These translators have official recognition from judicial authorities and are registered with the relevant appellate courts. Translations done by non-certified translators will not be accepted by official authorities.

 

Finding a Certified Translator

To find a certified translator, you can use the following resources:

The Court of Cassation website, where you can find a list of certified translators by region.

Websites of professional associations: Société française des traducteurs (SFT) and Union Nationale des Experts Traducteurs Interprètes près les Cours d’Appel (Unetica).

Consulates and embassies: for documents issued abroad, you can contact the French consulates in the respective countries.

 

Additional Recommendations

Translation Relevance: Some documents must be translated no earlier than six months before submission. This requirement may depend on the type of document and the application process, so it is important to clarify this information in advance.

In France, there are two main branches of the judicial system:

 

General Jurisdiction

Civil Courts: Handle disputes between private individuals, such as family matters, inheritance issues, and civil lawsuits.

Criminal Courts: Handle criminal cases, including minor offenses, less serious crimes, and major crimes.

 

Administrative Jurisdiction

Handles disputes between citizens and governmental bodies, as well as disputes related to the activities of government institutions. The highest administrative court is the Council of State.

 

 

Structure of the French Judicial System

 

Courts of First Instance

Small Claims Court: Handle minor civil cases and small offenses.

Higher Court: Handle more complex civil and criminal cases, including family disputes and major property disputes.

Criminal Court: Handles less serious criminal cases.

Jury Court: Handles the most serious criminal cases, such as murders and rapes.

 

Appeal Courts: Handle appeals to decisions of the courts of first instance, providing the right to review the case.

 

Supreme Courts

Court of Cassation: The highest judicial body for civil and criminal cases, checks the legality and correctness of the application of legal norms by lower courts, but does not review the facts of the case.

Council of State: The highest administrative court, considering appeals to decisions of administrative courts.

 

Features of Legal Proceedings

Inquisitorial System: The French judicial system is characterized by an inquisitorial approach, where the judge plays an active role in investigating the case, in contrast to the Anglo-Saxon system, where the judge acts as an arbitrator between the parties.

Absence of Precedent Law: French courts are not required to follow precedents, as is customary in the Anglo-Saxon system. Instead, the principle of “jurisprudence constante” is applied, where a series of similar decisions creates a certain legal practice.

Buying real estate in France is a process that requires attention to detail and understanding of local laws.

 

Property Selection and Offer

After selecting a property, an offer must be made to the seller. This is usually done through a real estate agency. It is important to consider that an excessively low offer may be perceived as insulting, so it is better to consult with an agent about a reasonable price.

 

The Conclusion of a Preliminary Agreement

After accepting an offer, a preliminary sale contract is signed. This contract is drafted by a notary who acts in the interests of both parties. The contract may specify conditions under which the transaction can be canceled, such as a refusal to grant a mortgage or unsatisfactory diagnostic inspection results.

 

Payment of a Deposit

After signing the preliminary agreement, the buyer pays a deposit, usually 5-10% of the property's value. This deposit is held by the notary until the transaction is completed.

 

Diagnostic Surveys

Before signing the main contract, the notary is obliged to carry out a series of mandatory checks for the presence of lead, asbestos, termites, and other potential issues. These inspections are paid for by the seller, but the buyer may order additional checks if deemed necessary.

 

Signing the Main Contract

The main sale contract is signed several months after the preliminary contract. This is done in the presence of a notary who certifies the transaction. If the buyer cannot be present in person, a power of attorney for a representative can be arranged.

 

Property Registration

After completing the transaction, the notary registers the new ownership rights in the land registry. The buyer receives a copy of the contract and a certificate of ownership.

 

Property Insurance

According to French law, the property must be insured. The notary must ensure there is insurance before completing the transaction.

 

Opening a Bank Account

To pay utilities and property taxes, the buyer needs to open a bank account in France. This can also help in managing finances when purchasing property.

 

Additional Expenses and Taxes

The buyer should be prepared to pay notary fees (usually 6-8% of the property's cost), registration taxes, and other associated expenses. These costs may vary depending on the type and value of the property.

 

Specific Requirements for Non-EU Citizens

Visas and Residency: For non-EU citizens, obtaining a visa or residency permit may be necessary if they plan to stay in France for a long period.

Additional Checks: In some cases, buyers from non-EU countries may face additional checks related to the sources of financing and the legality of transactions. This is due to compliance with international standards against money laundering and terrorism financing.

Taxes and Fees: Non-EU citizens may be required to pay additional taxes and fees. For instance, property ownership tax and residence tax apply to all property owners, but rates may vary based on residency status.

It is recommended to consult a lawyer or notary to ensure all requirements and legal norms are properly followed.

In France, custody issues are resolved according to general rules regardless of the parents’ citizenship. However, certain features may affect the process if one parent or child is a foreigner:

International Aspects:

If one parent lives abroad, the court may take this into account when making decisions on custody and visitation arrangements. The court will strive to ensure the child’s interests, including the ability to maintain contact with both parents.

Decisions of other EU countries' courts regarding parental responsibility are recognized and enforced in France based on the Brussels II bis regulation.

 

Cross-Border Disputes: In the event of a cross-border dispute over parental responsibility or custody, French courts will apply international agreements, such as the Hague Convention on the Civil Aspects of International Child Abduction, to ensure the quick return of a child to their country of habitual residence.

 

The Adoption Process for Foreigners

Who can adopt: Foreign citizens can adopt children in France under the same conditions as French citizens. This includes age requirements and marriage requirements for joint adoption.

International Adoption Procedure: International adoption is governed by the Hague Convention on the Protection of Children and Cooperation in Respect of Intercountry Adoption. Foreign adoptive parents must obtain permission from the International Adoption Agency or an authorized adoption organization. They must also undergo the approval and preparation process for adoption, including an assessment of living conditions and preparation for raising a child.

Conditions for Children: Children adopted by foreigners must meet the same criteria as those adopted by French citizens, including age restrictions and living conditions in the adoptive family until the adoption process is complete.

Legal Recognition of Adoption: Adoptions carried out abroad must be recognized by French authorities. This includes verifying the legality and compliance of the adoption with international standards and French law.

 

Specific Requirements

Language and Cultural Barriers: Foreigners may face additional difficulties due to language and cultural differences. It is recommended to use the services of translators and consultants familiar with French law and culture to avoid misunderstandings and mistakes.

Financial and Administrative Aspects: Foreign citizens must be prepared to pay all necessary fees and charges and to undergo additional administrative procedures related to international adoption and guardianship.