The wife of former IMF boss Dominique Strauss-Kahn has been named Woman of the Year in a poll for a French women's magazine - a result Green presidential candidate Eva Joly said was 'objectionable'.

"/> The wife of former IMF boss Dominique Strauss-Kahn has been named Woman of the Year in a poll for a French women's magazine - a result Green presidential candidate Eva Joly said was 'objectionable'.

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MARRIAGE

DSK’s loyal wife is Frenchwoman of the year

The wife of former IMF boss Dominique Strauss-Kahn has been named Woman of the Year in a poll for a French women's magazine - a result Green presidential candidate Eva Joly said was 'objectionable'.

DSK's loyal wife is Frenchwoman of the year

63-year-old Anne Sinclair has stood by her husband since he was arrested over the sexual assault of a New York hotel worker in May. He was later cleared of the charges.

The poll for Terrafemina asked respondents to choose two women from a list of ten, with 25 percent picking Sinclair.

The online magazine described Sinclair as a “symbol of courage and tenacity” in the face of the “legal difficulties” of her husband.

Runner-up in the poll with 24 percent was new IMF boss and former French finance minister Christine Lagarde. 

The result caused dismay in some quarters. While Sinclair’s loyalty to her husband despite lurid revelations about his womanizing won her sympathy from some, Green presidential candidate said the result showed that Frenchwomen were living in the past:

“I find it completely objectionable, incredible even, that she could be more popular than a first rate politician and administrator such as Christine Lagarde of the IMF. I think it it demonstrates a very, very outdated idea of life and of male-female relations,” the former investigating magistrate told i-Télé.

“And to make her a heroine? Anne Sinclair is not a role model for women.”

Sinclair was well known before she married Strauss-Kahn as a television journalist. She was the anchor of weekly current affairs programme 7 sur 7 in the 1980s and 1990s.

Third placed was Socialist party general secretary Martine Aubry, who was beaten by François Hollande in November to become the party’s official candidate for the 2012 presidential elections.

Leader of the far right Front National, Marine Le Pen and the singer Nolwenn Leroy finished joint fourth on 18 percent.

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MARRIAGE

The divorce law pitfalls in France that foreigners need to be aware of

France now has an out-of-court divorce option designed to make the process simpler and less expensive, but as Paris-based lawyer Caterina Guidiceandrea warns, it has some pitfalls for non-French people.

The divorce law pitfalls in France that foreigners need to be aware of
Happy ever after? Maybe not. Photo: AFP

In France it is now possible for couples to divorce without going through a long and sometimes expensive court process by signing a divorce agreement – but this may not be ideal for couples where one or both person is not French.

What is an out-of-court divorce and how does it work?

On January 1st 2017, the divorce par consentement mutuel (divorce by mutual consent) was created, allowing couples to acknowledge their consent to divorce in an extra-judicial contract without a court proceeding.

To divorce by mutual consent, it is essential that couples agree on all aspects of their divorce with the help of their respective lawyers. They especially need to settle the consequences of the divorce on their children (custody and residence), on their assets and all financial measures (alimony and compensatory allowance).

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The consent reached by the couple is then set out in a divorce agreement, prepared by the parties’ lawyers. Following a 15 day cooling-off period, the divorce agreement is signed by the spouses and countersigned by each lawyer.

Once signed, the agreement is submitted to a French notaire for registration. Registration is what makes the divorce agreement enforceable in France.

How long does it take to get a get an extra-judicial divorce?

Signing a divorce agreement is the quickest way to divorce in France.

Whilst the duration clearly depends on how the negotiations between the couple progress, it is technically possible to sign and register a divorce agreement in France within approximately one month.

Can I sign the divorce agreement remotely?

No, it is not possible to sign the divorce agreement remotely. Both spouses and their respective lawyers need to be physically present on the day of signing.

The French National Bar Association clearly indicated, on February 8th 2019, that “the divorce agreement by mutual consent without a judge must be signed in the physical presence and simultaneously by the parties and the attorneys mentioned in the agreement, without substitution or possible delegation”.

This requirement has not changed since Covid-19.


I am not French, can I sign a divorce agreement?

Yes, you can sign a divorce agreement even if you are not French. However you must have a sufficient connection to France, based on your habitual residence or on your spouse’s French nationality.

International couples should however be very careful when signing a divorce agreement as not all countries recognise this type of divorce.

As the divorce agreement is entered into out of court – except when a minor child requests to be heard in court – public authorities from certain countries do not recognise and enforce this type of divorce. This is for instance the case in certain States in the USA.

In practice, this means that, a couple having signed and registered a French divorce agreement, would be considered as divorced in France, however still be married in their home country/countries if local authorities refuse to register and enforce the contract.

Enforcing a divorce agreement outside of France could also be problematic for expats who move countries on a regular basis.

It is essential to assess the possibility of signing a divorce agreement with your lawyer to ensure that it is enforceable and will be registered outside of France.

Should the French out-of-court divorce not be recognised by the authorities in your country of origin or should it not be appropriate, it will be necessary to take the matter to court.

Caterina Giudiceandrea is a registered lawyer in Paris, France www.legal-gc.com
 

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