Notary for divorce and division of assets in France Paris Montmartre 18ème

Notary for divorce and division of assets in France Paris Montmartre 18ème
Voluntary change of law applicable to the matrimonial regime.

Voluntary change of law applicable to the matrimonial regime.

In an international context, husband and wife have the option of changing at any time the law applicable to their matrimonial regime. However, this choice is circumscribed by and limited to the following laws: -          that of the State of which one of them is a national, -          that of the State in which one of them is habitually resident at the time of the choice, -          that of the State where the immovable assets are located, but only in regard to these assets. This change of applicable law must result from an instrument executed in the form of a marriage contract. It may need to liquidate the previous regime. Steps to publicise such a change are necessary for opposability against third parties
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Are all non-resident individuals subject to the payment of social charges?

Are all non-resident individuals subject to the payment of social charges?

          The application of social charges to capital gains realised by non-residents is currently the subject of a procedure against the French State. The French Council of State (“Conseil d’Etat”) has also referred a question to the ECJ for a preliminary ruling on whether these social charges can be levied on persons not benefiting from the scheme that these contributions are intended to fund. To date, the issue of the payment of social charges by non-residents is still not fully resolved. However, it would appear that the Direction générale des finances publiques (the French Department of Public Revenue) has communicated guidelines to its regional branches with a view to ensuring that the Land Registry Office and local tax offices should no longer require the payment of social charges in the situations covered by the ECJ case law of February 2015 and that of the Council of State of July 2015. It would therefore seem that in the current state of the law, sales of real estate undertaken by taxpayers from a social security scheme of another Member State of the EEA will not entail the payment of social charges. However, it is necessary for the taxpayer in question to provide evidence to their notary of their affiliation to a social security scheme in a foreign Member State of the EU or EEA, by means of either a social security card or a certificate of affiliation.
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The gift between spouses in an international context

The gift between spouses in an international context

The gift between spouses, also called "gift to the last survivor" is very often used by couples wishing to increase their protection in the event of death. But this institution is little known abroad. It is unknown under some law systems, while others prohibit it. Moreover, in an international context, a gift between spouses can raise difficulties. To avoid such difficulties, it often appears wiser for a couple owning assets abroad or living abroad or when at least one of the partners is of foreign nationality, to make wills. Spouses may establish themselves by will reciprocally as sole legatees. Thus the objective sought by the gift between spouses, namely to increase the protection of the surviving spouse, will be achieved. 
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May a Civil Union be concluded abroad?

May a Civil Union be concluded abroad?

A French person resident abroad who wishes to conclude a civil union with another French or foreign person must make a joint declaration at the embassy or the Consulate of the common place of residence. The PACS (civil union) recorded at the consulate of France shall be subject to French law insofar as the law applicable to this partnership is the law of the registration authority. After the registration, the formalities of advertisement will be conducted with specific mention made in margin of the birth certificate of each partner on the existence of this PACS. Warning: in France, the PACS does not grant any right of succession to the partner in an automatic manner.  The partners anxious to protect themselves in case of death, should contact their notary to consider testamentary provisions
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What is the ‘Communauté universelle’ ?

What is the ‘Communauté universelle’ ?

           The universal community place the French property in a matrimonial fund, which passes automatically to the surviving spouse. Once again the legal reserve rules are postponed. There are limitations to the use of the universal community, in particular wher there are children from a previous marriage
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Can I choose the Notary  anywhere in France ?

Can I choose the Notary anywhere in France ?

Yes you can choose a notary anywhere in France to assist your in a property purchase. The purchaser and the seller can have different notaires, and  this will not incur any extra charges or fees
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You're looking for a lawyer for an estate planning in Paris Montmartre 18ème? Get in touch with our team. ETASSE et Associés is a French law firm expert in private international law. Our specialists will advise you on how to hand down your estate, how to plan its transfer and assist you in many other fields. You can also contact ETASSE et Associés if you're looking for a lawyer for a real estate sale in Paris Montmartre 18ème.

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