In the context of a legal divorce, it is obligatory to call upon a lawyer. Both spouses must be represented by a lawyer each. The lawyer has a central role in the legal divorce procedure. He assists and advises his client throughout the procedure, represents his interests before the court and helps him defend his rights.
The case of divorce by mutual consent?
In a mutual consent divorce, you may be wondering whether it is necessary to hire a divorce lawyer. Perhaps you know a very good business lawyer and are wondering if he or she could represent you during the divorce process.
Indeed, although the procedure is simplified and conflict-free, it is preferable to be accompanied by a lawyer specializing in family law . Throughout the procedure, you will inevitably have questions that a lawyer specializing in corporate law will not be able to answer. Choosing a lawyer specializing in divorce means opting for optimal support.
In addition, the role of the lawyer is even more central in the context of a divorce by mutual consent, with te judge only intervening in rare cases.
The more you prepare for the different aspects of your separation, the less negotiation you will need between the lawyers who represent you. Regardless of the type of divorce you choose or undergo, each of you will need to be advised by your own attorney, working in the interest of their client, and therefore in your interest.
The lawyers will quickly discuss your case and keep you informed of the elements discussed during these discussions. Consequently, it is entirely logical that a case in which there are few areas of disagreement between the spouses is handled much more quickly and at less expense than a contentious divorce where disagreements multiply.
For some, agreements will be quickly found and formalized by lawyers, generally in an amicable divorce agreement recorded before a notary (divorce procedure by mutual consent without a judge).
For others, it will take more time, sometimes long and tedious negotiations. Family mediation could be considered, as well as the use of a notarial study in order to make progress on the property elements in disagreement.
For divorce, it is possible to pay a lawyer by the hour, depending on the time spent on your case. A lawyer’s hourly rate varies from one firm to another and is freely set by the lawyer. On average, for a divorce, this hourly rate is between €120 and €250.
Depending on the specifics of your situation (family, property, agreements with your ex-spouse), the fees of a divorce lawyer can quickly become high. It is therefore important to anticipate all the issues that you may face during the divorce process.
Fixed price of a lawyer
From the start, the lawyer will offer you a flat rate overall cost for his services. The agreed price will cover all interventions on your file. If additional charges arise, they will need to be approved by you. In principle, the fee agreement that you sign with the lawyer will constitute your final bill once the divorce is officially finaized.
In general, the main procedure for which a lump sum fee is possible is divorce by mutual contractual consent. This type of file does not generally require a lot of time from the lawyer, who will probably offer a global price for the entire follow-up.
Most lawyers offer a flat rate for handling a divorce by mutual consent. On average, this package is around €800 including tax , but this amount can vary considerably depending on the clients’ situations and the level of agreement between the spouses.
How to consult a lawyer for free in France?
Free legal clinics : Many bar associations offer free legal clinics where you can meet with a lawyer for a short consultation. You can ask questions about your situation and get basic legal advice. Check with your town hall or the bar association in your region to find out the times and locations of legal offices.
Legal aid : If your resources are limited, you can benefit from legal aid, which covers all or part of the court costs and attorney’s fees. For more information on the conditions and procedures, contact the legal aid office of the high court in your department.
Free online consultation : There are websites where you can ask lawyers legal questions for free. These consultations are generally done in writing, and responses are provided within a few days.
Be First to Comment