Is American Divorce Possible in France?

Bill and Melinda Gates announced their divorce last week.

Since then, bookmakers around the world have been betting on the colossal sums that should be paid to the wife of the co-founder of Microsoft.

But is this type of American divorce possible in France?

Lawyer Roland Perez enlightens us on this point, Sunday on Europe 1. 

>> Find Europe morning weekend in podcast and replay here

The predominance of the marriage contract in the United States 

The couple founded and jointly run a foundation that aims to fight poverty, disease and inequality around the world, with a fund of over $ 40 million and a personal fortune of over $ 130 billion. . They will divorce amicably because they will share the property which for the most part is in the name of the couple, without Melinda having to claim alimony. Because unlike France, spouses are not obliged to share their heritage by divorce. American law differs from state to state, but the rule remains that the marriage contract made before the celebration acts as law between the parties. All without the judge being able to interfere, which explains the fights between the future spouses before the marriage, with, at this prenuptial stage, each a lawyer. 

In France, marriage contract or not, if the spouses cannot come to an agreement, it is the judge who will decide for them by looking closely at the marriage contract in place.

It will study its consequences on the situation of the spouses by granting what is called a compensatory allowance, to rebalance the possible economic disparity that separation risks causing.

The judge will rely on the personal fortunes of each, their evolution over time with the game of pensions, the professional situation of the spouses, the duration of the marriage, the economic prospects for each of the future divorcees ... will allow the judge to condemn one of the spouses to compensate the other who would be in a less favorable financial situation.

A fortune divided in two in the absence of a contract

Without a prenuptial contract, which was the case in the divorce of the Bezos spouses, the fortune is divided in two. It is rumored that in this divorce, the ex-Mrs. Bezos would have touched the equivalent in Amazon shares of 60 billion dollars, or almost half of the fortune of the couple. If there had been a contract, the wife would only have received what would have been recorded in the contract, which is unfair to say the least. Because on the verge of marrying, who wants to talk big money and negotiate closely, the consequences of a possible divorce.