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Divorce, separation or dissolution of a civil partnership

Early redemption in case of Divorce, separation or dissolution of a civil partnership.

According to French law

Deadline: 6 months

Eligible schemes: PEE (company savings plan) / PEG (group savings plan) / PEI (inter-company savings plan)

Supporting documents to accompany the redemption request

Trigger event date: date of final ruling or order from family court

  • Final ruling formalising the divorce or legal separation stipulating full or shared habitual residence of at least one child at the home of the account holder
    • Or Non-conciliation order (pendente lite) stipulating habitual residence of at least one child at the home of the account holder (for divorce other than by mutual consent)
    • Or Agreement ratified by the family court stipulating habitual residence of at least one child at the home of the account holder (for divorce by mutual consent)

And

  • Copy of marriage certificate, issued by a local registrar, in the family register (livret de famille) recording the divorce or legal separation 
    • Or Certificate of no appeal or opposition
    • Or Waiver of all remedies document signed by both ex-partners

Trigger event date: date of final ruling or order from family court

  • Order or ruling by family court stipulating full or shared habitual residence of at least one child at the home of the account holder
    • Or Agreement ratified by the family court stipulating habitual residence of at least one child at the home of the account holder

Trigger event date: PACS dissolution date

  • Order or ruling by family court stipulating full or shared habitual residence of at least one child at the home of the account holder
    • Or Agreement ratified by the family court stipulating habitual residence of at least one child at the home of the account holder

And

  • Copy of birth certificate, issued by a local registrar, recording the dissolution of the PACS civil partnership

Additional information

Conditions

Release takes the form of a single payment; it cannot therefore be phased or paid in instalments.

Habitual residence can be awarded either to the account holder only or alternately to both parents.

The court’s ruling must be final and must stipulate habitual residence at the home of the account holder of at least one child who is the offspring of the separating couple.

Excluded events

Maintenance payments made by the account holder.

Questions / Answers

Yes, although a declaration on honour (attestation sur l’honneur) confirming that the habitual residence of the adult child is the home of the account holder is required.

The fact that parental custody is joint or awarded to only one of the two parents has no influence over the early redemption of holdings of assets; the decisive criterion is that full or shared habitual residence of at least one child is established to be at the home of the relevant party.