LEGAL NEWS

Submitting a request to return a child removed unlawfully from France to another country

LexisNexis, practical procedural sheet (Practical sheet No. 4228) - Véronique Chauveau & Hansu Yalaz


Submitting a request to return a child removed to or held in France unlawfully

LexisNexis, practical procedural sheet (Practical sheet No. 3943) - Véronique Chauveau & Hansu Yalaz


On the control exercised by the European Court of Human Rights over application of the Hague Convention by national courts.

The ECHR, in an order dated 10 October 2019 (LACOMBE C. France) considered that the French courts examined all the documents submitted to the proceedings concerning the existence or otherwise of a grave risk in returning the child, pursuant to Article 13b of the Convention, and that consequently the decision to return the child has not breached Article 8 of the European Convention on Human Rights to a normal, private family life. 


Attention to property taxes- Cass- Civ 1 – 5 December 2018 No.17- 31189

The Court of Cassation, in a ruling dated 5 December 2018, stated that even if an undivided co-owner was not living in the property, he or she was obliged to pay half of the property taxes, the occupancy payment making up for the absence of possession of the said property.

Therefore, when one spouse is allocated possession of the marital home, the other spouse remains liable to pay half of the property taxes.


Potential lowering of the division of property charge

When a matrimonial system is liquidated, the State takes 2.5% of the net assets, on the understanding that any payoffs are deducted from the calculation of the net assets. This is a significant cost in addition to the many other costs of divorce. A Bill is currently under discussion to reduce this division charge to 1.1%, or even remove it altogether, which would represent a considerable saving for couples. Watch this space...