Before the signature of the judgment of divorce
Well preparing one's file is an important stage. It is a time-saver because your lawyer will need documents to take advantage of your rights. At the time of the conciliation hearing, the judge will fix the temporary measures, the objective being to prepare the next audience, known as judgment.
But before, spend a few minutes on the convention to ensure you haven't forgotten anything and that everything is in order because it will not be possible anymore, thereafter, to add parts with your file.
Read your convention
Carefully read your convention from the beginning to the end. Even if you already did it, still read it again.
The measures in the judgment can be modified, if one of the partners makes the request. These requests must rest on a change of situation. It is enough to seize the family affairs judge.
Change if needed
It is difficult to change a judgment of the court of divorce after it was signed.
But there can be some changes you can make:
- You can change all the obvious typographical errors;
- You can change a provision which is not applicable - for example, a provision which requires you to transfer an bank account which does not exist.
Not to hesitate to make appeal if necessary
The appeal must be carried out within one month of the significance of the judgment if not this one is ruled.
But be advised that 90% of the judgments of the Court of divorce are approved on appeal. Appeals are expensive:
- you will pay several hundred Euros for a test transcription;
- you will pay your lawyer to write the transcription, to seek the questions and to prepare a file;
- you will pay your lawyer to evaluate your ex-partner's lawyer's file and to prepare a response file;
- You will pay your lawyer to assist you in pleading on your behalf, if need be.
You will want certainly to take same lawyer for your appeal as for your divorce. However, there is no reason to take same lawyer.
The process of appeal seldom requires your lawyer to spend much time with you. Many appeals of the judgments of the court are treated entirely on paper.
To respect your commitments with respect to the judgment of divorce
Apply to the letter the provisions envisaged in your judgment of divorce, whether it regards:
- division of the properties,
- children (alternated guard, conditions of visit and lodging, alimony…)
- of compensatory service,
- debts of the community.
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