Éloïse FOURNIER

Attorney at law – DIJON Bar

FAMILY LAW

Bilingual lawyer French-Italian

In collaboration with Cabinet BONFILS

Fees – Instructions for use

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Principle: fixed price

The firm prefers to bill on a flat-rate basis. This allows you to know at the outset of your proceedings the amount of the fees you will be charged. An indicative scale is provided for each procedure in the ‘Rates’ => ‘Free fees’ tab.

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Exception: hourly rate

Unfortunately, the complexity of certain procedures means that we cannot determine a fixed fee for the entire assignment entrusted to the firm. Invoices for time spent are sent to the client as the work is carried out, so that the client retains control of the expenses generated by the case.

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Performance fee

In order to offer a reasonable fixed fee or hourly rate, the firm proposes to be remunerated partly on the result obtained by the client. This may take the form of a percentage of the profits achieved, or a percentage of the savings made.

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Fee agreement

In any event, the lawyer’s remuneration by his client will be the subject of a fee agreement. This agreement will set out the task entrusted to the lawyer and the financial terms of his remuneration. This compulsory formality (since law no. 2015-990 of 6 August 2015) ensures that the client is fully informed of his commitments.

Lawyer since 2005,

Éloïse FOURNIER is registered

at the Dijon Bar

I took my oath in 2005. In that year, divorce proceedings were undergoing a major reform that was to have a lasting impact. As a result, I developed my main practice in Family Law.

My firm handles divorces, séparations, child residence issues, alternating custody, maintenance paiments, compensatory allowances, Grandparents visiting and accomodation rights, Changes of name and/or surname, and paternity disputes.

I also handle the liquidation of matrimonial property regime, and joint ownership. This is a difficult and technical phase in the separation of a couple. Human and emotional issues often take precedence, and the all-important question of liquidating their financial interests can quickly take a thorny turn.

I put my expertise at your service to make this crucial point accessible to you, and to defend your interests.

It should be noted that, although lawyers are usually consulted once legal hostilities have been announced, they also have a role to play in every phase of your life.

Whether you are here for:

your union: marriage, PACS or cohabitation ;
the purchase of the property that will follow or has already taken place;
your separation: amicable or contentious;
the fate of your children when their parents are no longer living together,
etc.

My firm can help you consider the various options available to you, and keep you fully informed of their legal, tax and asset implications.

By taking the initiative and consulting a lawyer, you can anticipate the conflict and minimise its consequences.

My practice is located in the historic centre of Dijon, opposite the Court of Appeal. You will find my contact details below, as well as information on my practice areas and fees in the other tabs.

I hope you enjoy your visit.

Learn More

CONTACT THE FIRM

Seek guidance for the important stages of your life: marriage, separation, purchasing, division of property and inheritance.

ALTERNATIVES TO CONFLICT

In the collective imagination, it’s not uncommon to come across the character of the Avocat-Gladiateur: the black-robed herald who usually appears in the legal arena. It is by means of procedural incidents and nullities that he fights to save his client from the torments and legal traps set by his abominable adversary. Although a caricature, this image reflects our core business quite well: knowing how to wield and use all the legal weapons at our disposal to ensure that our client’s interests prevail in court.

However, there are other solutions available to us than legal confrontation. Is this a consequence of hearing times and court congestion, or simply a change in practice? Whatever the case, we are having to rethink the way we manage conflict. That’s why the members of the firm have trained in Collaborative Law, and are studying mediation and interest-based negotiation techniques, as well as other alternative dispute resolution tools.

Building, developing, choosing, exchanging and deciding… It means having control over the outcome of your dispute. In other words, the exact opposite of submitting the outcome of your dispute to a third party – the judge. Yes, judicial uncertainty does exist, and even with the best defence, there can sometimes be surprises. So while the judge remains the first port of call for settling a dispute that cannot be resolved amicably, it would be a shame not to try to find your own solution to the conflict beforehand.

This is particularly important in family matters, where your adversary is often none other than the father or mother of your children. This is a person with whom you may be in conflict, but whose parental relationship will never cease. The lawyer is there to make your motivations heard, the goals you are seeking, but also to give you another reading of your adversary’s demands. It is not uncommon that, once the purely emotional issues have been cleared away, the wishes of both parties can converge towards a joint win/win solution.

This is by no means an obligation, and unfortunately sometimes proves impossible. You can rest assured, however, that the firm will work to ensure that your position is upheld, while offering you the opportunity to be a co-author of the solution that is found.

Interest-based negotiation

Interest-based negotiation is a conflict resolution method often used in litigation. It has its roots in the theories developed by Mary Parker Follett, an American management consultant of the early 20th century who is considered a pioneer in the field.

According to her, the behaviour of individuals is justiﬁed by the needs and interests that underlie them, which may be purely instinctive or unconscious. In order to resolve disputes, the best method would therefore be to move away from the use of force and coercion and seek to understand the true interests of the parties. Mary Parker Follett proposed the concept of a negotiation in which differences are integrated in order to explore creative solutions.

The example often used to illustrate this principle is that of two people who want to buy the same orange grove, but are unable to reach an agreement. When you ask them, you discover that their motivations are different: one wants to make fruit juice and the other candied peel. Once the needs have been clearly deﬁned, it’s easy to give each person what they really want. That’s the beauty of interest-based negotiation!

(Definition given by the magazine Gestion HEC de MONTRÉAL – Canada)

Mediation

Mediation is a procedural technique for resolving conflicts whereby persons involved in a dispute, or who wish to prevent one from arising, attempt to reach a settlement agreement with the assistance of a person known as a mediator (or neutral). Mediation is either decided by the parties outside of any legal proceedings or decided by the court hearing a dispute.

(Definition given by dictionnaire-juridique.com

Arbitration

Arbitration is a procedure whereby a dispute is submitted, by agreement between the parties, to one or more arbitrators who render a binding decision. By deciding to resort to arbitration, the parties opt for a private dispute resolution procedure instead of legal proceedings.

(Definition given by WIPO)

Collaborative law

The collaborative process is an amicable method of conflict resolution that originated in the United States and can be applied in all legal systems and cultures. The collaborative process has been practised for a long time in the United States and Canada with a high success rate (over 90%). The principles of collaborative law are characterised both by a contractual commitment between the parties and their solicitors and by a working process. To use it, you must choose a solicitor trained in this working method and be willing to take an active role in resolving your dispute. (Definition given by the AFPDC)

The firm favours direct contact with clients

When we are present at the firm, we answer your telephone calls directly. These brief exchanges enable us to make initial contact, provide rapid information and ensure that your case is dealt with smoothly.

During our hearings or appointments, a remote secretary will take your message and send it to us immediately by e-mail.

To improve the quality of our exchanges, we ask you to give preference to emails and to include all your contact details.

Contact us at :
03.80.30.65.40
eloise.fournier@avocat.fr

Consulter mon profil Avocat.fr

Frequently asked questions

When you encounter a problem, make it a habit to consult your solicitor. A brief discussion can help you avoid making bad decisions or taking actions that could be detrimental to you.
In the meantime, here are a few tips.

How to organise childcare?

The end of a romantic relationship does not put an end to the parental relationship. It is therefore advisable to try to agree on the organisation of each parent’s role in relation to the children: residence, maintenance, travel expenses, etc.
However, be careful not to accept a situation that does not suit you. Contrary to what you might think, once certain practices are in place, it will be difficult to have them changed by a judge. In fact, when making a decision, the judge will always give priority to ‘the best interests of the child’: as the child has already been affected by the separation of its parents, the judge will try to minimise any changes that might affect it. Therefore, the judge will tend to confirm the current practice in the judgement.
Therefore, as soon as you separate, try to establish an arrangement that is as close as possible to what you would like in the long term. My firm is, of course, at your disposal to assist you in this process.

What steps should you take when leaving the marital home?

The conditions for leaving the family home will not be the same if the couple is married or not.

In the case of marriage, only a judge is supposed to be able to authorise you to live separately. However, the situation can sometimes become contentious, and it may be advisable to plan ahead for this departure. Three precautions to take:

1°/ If your spouse agrees, sign a joint document expressing your mutual desire to live separately pending an initial court decision.

2°/ File a police report at the nearest police station to report your departure from the marital home due to ongoing divorce proceedings. Request and keep a copy of this document.

3°/ Above all, do not stop contributing to the costs of the marriage: if there is an outstanding mortgage, continue to contribute to its repayment. If your spouse does not have the financial means to cover the current household expenses, do not cancel all subscriptions and continue to pay the bills and/or rent.

These precautions should prevent you from being accused of abandoning the marital home.

If you are cohabiting or in a civil partnership, you may leave without ‘prior authorisation’, but be sure to do so in a respectful and organised manner. Case law increasingly punishes ‘abrupt break-ups’ between cohabiting partners.

Your situation will not be the same if you have purchased a property or rented it in both names or in one name only. Consult our firm for more information.

What documents to keep?

Always ensure that you keep your administrative documents in a safe place or make copies of them: tax notices, payslips, CAF certificates, bank statements, loan agreements and repayment schedules, etc.

How to prepare for your first meeting?

Clients are usually seen at the office, but telephone consultations can also be arranged. The first appointment is an opportunity for you to explain your situation in detail. The simplest approach is often to provide a chronological account of events. You may be guided in your explanations by questions that may be asked.

This information will enable us to assess your situation from a legal perspective and present you with the various options available. In order to provide you with the best possible advice, you may be asked to bring copies of a number of documents with you:

proof of identity
family record book
latest tax notice
last 3 payslips
your payslip from December of the previous year
list of your current expenses
list of expenses relating to your children
loan repayment schedules
etc.

Following this meeting, a report is usually sent to the client by email. It is also possible to send a letter to the opposing party or their solicitor. If legal proceedings are to be initiated, the fees will be estimated at the end of this meeting.

Appointments can be made by telephone or email. If you make an appointment by email, please specify your availability so that we can send you a list of available times.