Divorce: avoid surprises! - Hélène Boidin, Notary

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Le Family Office

Published on Apr 17, 2024
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This notary has assisted with dozens of divorces. She shared with me all her secrets for managing this difficult time. I discovered mistakes to avoid, essential advice and some mechanisms that were unknown to me! Hélène Boidin explains: The different types of divorce in France and their implications for entrepreneurs. The consequences of the separation of property regime on the division of assets. The calculation of the compensatory allowance and taking into account the spouses' lifestyle. The difficulties of valuing professional assets and solutions to overcome them. Arbitration as an alternative to the judge for a faster and more confidential divorce. The international aspects of divorce and the pitfalls to avoid for binational couples. Organization of the episode: The different types of divorce (00:00:54) A notary explains contentious, semi-contentious and amicable divorces in France, emphasizing divorce by mutual consent. The liquidation of the matrimonial regime (00:02:01) Discussion on the liquidation of the matrimonial regime, awards, claims between spouses and real estate. Consequences of divorce in separation of property (00:03:41) The implications of divorce in separation of property, including claims between spouses and real estate. Keys to avoiding surprises during divorce (00:06:27) Tips to avoid surprises during divorce, particularly with regard to financing real estate. Modification of the marriage contract (00:10:40) Discussion on the possibility of adjusting the marriage contract to avoid the undesirable consequences of divorce. The compensatory allowance (00:11:40) Explanation of the criteria and methods for assessing the compensatory allowance, as well as the impacts on lifestyle. Valuing professional assets (00:16:06) Discussion of the difficulty of valuing professional assets in the context of compensatory benefits, with concrete examples. Limiting compensatory benefits in advance (00:19:21) Discussion of ways to protect against potential conflicts related to compensatory benefits, in particular through arbitration. Arbitration to avoid legal uncertainty (00:21:23) The power of the arbitrator and the effectiveness of the procedure in contentious divorces. Payment methods (00:22:54) Examination of payment options during divorce, including deadlines, installment payments, and compensatory benefits. Estimation of the costs of compensatory benefits (00:25:20) Reflection on the potential costs of divorce based on the distribution of assets and income of the spouses. Contributions to marital expenses (00:27:55) Discussion of the financial obligations of spouses regarding marital expenses and the consequences in the event of non-payment. Divorce, life insurance, community property (00:29:25) Examination of the implications of divorce on community property, including life insurance and the possibility of retaining certain assets in joint ownership. International aspect of divorce (00:31:56) The differences in the recognition of French marriage contracts in foreign jurisdictions, with a focus on common law countries. The implications of marriage contracts abroad (00:33:17) The difficulties encountered by French marriage contracts in certain common law countries, notably the United States, and the consequences for the spouses. Precautions to take for international marriage contracts (00:34:34) Recommendations to avoid the difficulties of non-internationalized marriage contracts, by involving lawyers from the marriage contract stage and by taking into account the specific criteria of each country. The importance of understanding your matrimonial regime (00:36:55) The importance of auditing your matrimonial regime, understanding its implications and consulting a family law lawyer or a divorce notary.

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