Divorce and carte de sejour

[fifillette]

I really need some advice. I married a man whom I truly love and move to France quite recently. I came because he assured me that he wanted to build a life with me. We're both pretty young and since I have come here, he has suddenly decided that marriage is not for him. He still loves me and everything, but just want the responsibility of being married. Ok, now you tell me! After I leave my home, family and friends... Anyway, the bottom line is that I am here now. There is nothing for me back home. I would like to stay and give it a go, even if it's on my own. Everyone says this is newly wed jitters and he'll change his mind. But, I'm the proactive type. He has sworn that no matter what, he will see me through to my ten year carte de sejour and even naturalization if I'd like. But honestly, I just got my first carte and that's a good three years down the road. So... what would happen if he did decide to divorce me now? Does anyone know how I could find out what my rights might be in this situation. I never in a million years thought I would find myself in this situation.... If I did, I would have not sold off my life and move here. If anyone knows anything, I'd be grateful. I'm kind of in shock over the whole thing and I don't know what to do.... thanks.

[Bevdeforges]

OK - at the moment you're married and you have your first carte de séjour. That probably means you signed one of those contracts of integration - and depending on your situation, you probably have to take your "French culture" classes and possibly language classes. Renewal of your carte de séjour depends on your attending these classes and demonstrating a basic knowledge of the French language.

As far as I know, you have to remain married a certain period of time (used to be 2 years, but that may have changed) before you are entitled to remain in France should you get divorced from your French spouse. You also need to consider your property arrangements - if you didn't have a contract before you married, you'll probably be considered to be under the default regime, which means you are entitled to one-half of all earnings and acquisitions during the period you are married.

If he's serious about standing by you through naturalization, be aware that once your French citizenship comes through, you must remained married for at least two more years.

For starters, if you read French reasonably well, get one of those home legal guides (L'Avocat Chez Vous or any similar guide to law and finances) and read up on marital property rights and obligations, as well as divorce terms. French law is very picky in this area, and in your situation it would be very easy to make a huge mistake.

You may want to contact your local consulate to see if they have any information available for their nationals regarding marriage and divorce in France.
Cheers,
Bev

[fifillette]

Thank you very much! I have already done all the intergration classes required since I signed the intergration contract and I have all the attestations necessary. I do speak and understand French very well and I am now persuing a degree in the advance knowledge of French (DALF) and I am looking for work. I will definitely pick up one of those books today. He has promised to help me, but I know that it could be a long process and he could change his mind. The only thing it seems that is a certainty in life is that things will change (for the better or the worse). I'm really scared because my options are a bit limited, but your advice has pointed me in the right direction. Thank you so very much!


-Fifi

Originally Posted by Bevdeforges

OK - at the moment you're married and you have your first carte de séjour. That probably means you signed one of those contracts of integration - and depending on your situation, you probably have to take your "French culture" classes and possibly language classes. Renewal of your carte de séjour depends on your attending these classes and demonstrating a basic knowledge of the French language.

As far as I know, you have to remain married a certain period of time (used to be 2 years, but that may have changed) before you are entitled to remain in France should you get divorced from your French spouse. You also need to consider your property arrangements - if you didn't have a contract before you married, you'll probably be considered to be under the default regime, which means you are entitled to one-half of all earnings and acquisitions during the period you are married.

If he's serious about standing by you through naturalization, be aware that once your French citizenship comes through, you must remained married for at least two more years.

For starters, if you read French reasonably well, get one of those home legal guides (L'Avocat Chez Vous or any similar guide to law and finances) and read up on marital property rights and obligations, as well as divorce terms. French law is very picky in this area, and in your situation it would be very easy to make a huge mistake.

You may want to contact your local consulate to see if they have any information available for their nationals regarding marriage and divorce in France.
Cheers,
Bev