a convention is canceled for the first time

Dsince 1er January 2017, couples who want to divorce by mutual consent no longer have the right to go to court, with some exceptions. Their lawyers are supposed, instead of the judge, to defend their respective interests. But what is their agreement worth if one of them hasn’t done their job? This is the question posed by the following case.

In 2019, a year after her divorce by mutual consent, Mme Y presents himself before two new lawyers, Mare Capucine Bohuon and Nicolas Graftieaux. In difficult French (she is Estonian), she explains to them that she comes on the advice of friends who find it strange that after sixteen years of marriage to an engineer she is totally destitute: she only receives 1,230 euros per month for the education of their two teenagers, of whom she has custody.

Chronicle | Article reserved for our subscribers Divorce without a judge: you can hire two lawyers from the same firm… but this is not recommended!

The partners noted two anomalies in his divorce agreement.

On the one hand, it does not provide for any compensatory benefit, despite the disparity of the situations: Mr.me Y social minimums. A former childminder, she stopped working to follow her husband abroad and look after their children when he was on a mission abroad. She suffers from a degenerative disease.

On the other hand, the convention indicates that“there is no need for liquidation” of the matrimonial regime, each spouse “ declaring that he has received what is due to him. Now, Mme Y didn’t receive anything. She signed the agreement without knowing that, married under the community regime, she was entitled to half of the property acquired during the marriage.

His lawyer, Me B, didn’t tell him. And for good reason: settled in Brittany while Mme Y is in Paris, she has never met her and never spoken to her. She also did not advise him against this type of divorce, which is not suitable when the couple presents certain elements of“extraneity”.

Designated and paid by Mr. by the spouses and their lawyers together ”, according to the code of civil procedure (aarticle 1145 in its version in force at that time).

300,000 euros

The lawyers are researching the benefits Mr. From these clues, they summon Mr.me Y has no knowledge. They discover employee savings, bank accounts abroad, and life insurance, into which the money from the sale of the common house (300,000 euros) was paid, which should have been shared equally. .

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