FRANCE Law and Practice Contributed by: Elodie Mulon, Emmanuelle Bonboire-Barthélémy and Louise Astruc Baciotti, Chauveau Mulon & Associés
especially when identifying and valuing personal assets or incomes of one of the parties poses challenges (Article 255 9° of the Civil Code), an expert can be appointed for an expert opinion as part of the divorce procedure. The duration of the divorce procedure, excluding appeals, generally ranges between two and four years depending on the complexity of the case and the assets involved. Service and Process for Liquidation and Division The liquidation of the matrimonial regime can occur within the divorce proceedings or through a separate procedure after the divorce. Post-divorce liquidation and division proceedings Following the divorce, the spouses must set - tle their matrimonial regime. Initially attempted amicably, division becomes judicial only upon failure. The judicial procedure for liquidation and divi - sion starts with a summons, which, to avoid dis - missal (Article 1360 of the Civil Procedure Code), must contain: • a summary of the efforts made by the parties towards an amicable division; • a brief description of the assets to be divided; and • the petitioner’s intentions regarding the distri - bution of assets. The judicial procedure then varies depending on the type of division. In a simple division (“short process”), the judge orders the division when disagreements are straightforward:
• identification of the assets and liabilities to be divided; • agreement or judicially fixed values of assets; and • clear understanding of each party’s rights, including calculations of reimbursements and debts. In cases where a simple division is not feasible, a complex division (“long process”) involves the judge referring to a notary for the liquidation and division operations and appointing a judge to oversee these actions (Article 1364, Section 1 of the Civil Procedure Code). The notary has a year to carry out this task. Upon the notary’s designation, parties are sum - moned, and a provisional liquidation statement is drafted based on available information. Each party can provide their observations on this statement. If parties disagree with the liquidation statement, judicial division proceeds, and the notary sub - mits both the liquidation statement and a state- ment of observations summarising each party’s stance regarding the appointed judge (Article 1373 of the Civil Procedure Code). The judge then resolves disagreements (Article 1375 of the Civil Procedure Code). Liquidation during divorce proceedings The divorce judge can also decide on liquidation and division of the spouses’ property interests during the divorce proceedings if either party requests it (Article 267 of the Civil Code). Parties must prove the existence of remaining disagreements. This proof can stem from the report of the notary appointed for interim meas - ures to prepare a liquidation project for the matri - monial regime (Article 255, 10° of the Civil Code).
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