12/17/2007
live controversy surrounding the divorce by mutual consent
In a motion passed at a general meeting on December 14, the national bar association has demanded the withdrawal of the draft Diversion of divorce presented Dec. 12 by Eric Woerth, budget minister and Rapporteur, as part of the modernization of public policies. In consultation with the Conference of Presidents and the Paris Bar, the NBC has called on lawyers to one-day strike of all judicial activities on 19 décembre.Il is indeed intended to divert the divorce by mutual consent divorce, which could be made before the notary when all the conditions of divorce is the subject of an agreement between the spouses. The report adds that "in case of dispute, recourse to the courts will always be possible" and that "in all cases the spouses will always use the services of a lawyer." NBC believes that such reform would be "detrimental to the interests of litigants who would lose the necessary independent oversight of a judge on consent of the spouses and the balance of the conventions, cause additional costs to their charge without any guarantee of speed. " The legal profession believes that this is a "real aggression." The motion states that counsel is requested "to provide even more public service of justice [ie, providing legal aid] in return for compensation below its cost, the benefit of a profession of notary, which itself does not participate in this public service. " Asserting that the purchasing power of the French win to see that reform is completed a "hoax," said Paul-Albert Iweins, president of NBC. He claims, however, that the legal profession is ready to provide "sales [property] as it does in several European countries, as part of a free competition that will only make the purchasing power of French ". In a statement the same day the Supreme Council of Notaries reply that "divorce deserves better than a corporatist quarrel." Notaries in France stressed that they were also surprised to discover that lawyers along with them the proposal. They add that "thinking leads not involved in any way to remove the counsel for the procedure of divorce by mutual consent, but to imagine that the finding of the parties' agreement on their divorce can be authenticated by the notary." Thus, for CSN, the only "real question raised is whether the consent of control of future ex-husband for divorce only by mutual consent may be provided by a lawyer who would thus replace the judge."
SourceCNB, December 14 2007, motionCSN, December 14 2007, provided
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