Francescainfaith

life is not always happy. Despite the materials things we posses, the skills and talents we have,true happiness seems missing, un attainable. How can one be happy? I made this blog to share.

Saturday, May 26, 2007

 
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Saturday, April 14, 2007

please help

Dear Francesca,
I am married to my husband for four years now. My mother inlaw is always in the middle, interfering to our relationship as husband and wife.I have deep respect to both, as they are now my family. But I dont want to hurt them. Should a meeting with them helps?
Aida

Dear Aida.

Here is a principle I learned. I will use this verse to help you with the problem.Hope this will help you.

If your brother commits a sin,go lay bare his fault between you and him alone.Matt 18:15

Notice that Jesus advised you lay bare his fault between you and him alone.That advice is wise. Some German translation phrase this: present his fault "under four eyes", meaning yours and your brother's. When you kindly bring up a problem in private it is usually easy to resolve. A brother who did or said something offensive or unkind may more readily acknowledge the error to you alone.

If others were listening imperfect human nature might incline him to deny being wrong or try to justify what he did.But as you bring the issue before four eyes,you may find that it is more of misunderstanding rather than a sin or deliberate wrong. Once you both grasp it as a misunderstanding you can settle it, not allowing a trivial issue to grow and poison your relationship. Hence, the principle at Matthew 18:15 can be applied even to minor offenses in daily life.



Dear Francesca,
I read your blog. I want to ask for advice about annulment in Philippines. I am married and my french bf is also married. Is there any chance for me to get an annulment. My husband in Phils said, he would allow me to marry someone, as long as he will not pay any atty and will not go to jail. If I am free to marry, maybe my frenchman will divorce his wife too and we can be together legally. Please help.

*Jade*


Dear Jade:

Solid food belongs to mature people, to those who through use have their persceptive powers trained to distinguish both the right and wrong. Hebrews 5:14

Note that your perceptive powers-your ability to discern right from wrong- are trained "through use". When you must make a decision, guessing,acting on impulse,or simply following the crowd rarely results in a wise choice.
To make wise decisions,you must use your perceptive powers. How?
First of all, by getting all the facts.Proverbs 13:16 says: Every one shrewed will act with knowledge.

Next try to determine which Bible laws or principle bear on the subject.(Proverbs 3:5) To do this, of course one must have a Bible knowledge.That is why Paul encourage us to take solid food- to learn the breadth, length and height and depth of the truth. (Ephesians 3:18)Without Godly principles to guide us,we can decieved ourselves into thinking that something bad is good- simply because our fleshly desires craves it.


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Thursday, December 14, 2006

PACS in France, english version

This is a long read. If not your cup of tea, you may skip it. hehe. I dont like my readers to get bored, haha.

Who can conclude a civil pact of solidarity?

Conditions required :You must be major; the minors, even émancipés(children rebel against parents but legally recognized that parents are not anymore having thier responsibility), cannot conclude from PACS.
No condition of nationality is required to conclude a civil pact from solidarity. You cannot conclude from PACS: between ascending and descendants in hot line, between collateral until the 3rd degree (brothers and sisters, uncles and nieces.), between combined in hot line (mother-in-law and son-in-law, father-in-law and daughter-in-law.), if one of the two people is already married, if one of the two people is already engaged by a PACS. The major ones under supervision(those who are not consider adults because of health reasons) cannot conclude a PACS.


Obligations towards the partner:

It implies certain obligations towards your partner. They include/understand the mutual material aid (for example in the event of disease, of unemployment.), its methods being fixed in convention. It also include/understand the solidarity of the debts contracted for the needs for the everyday life and the expenditure relating to common housing by yourself or your partn

How to conclude a civil pact of solidarity

Any person who wishes to conclude a civil pact of solidarity (PACS), must present herself in person at the clerk's office of the magistrates' court corresponding to the place where it wishes to fix her common residence (with the embassy or the consulate of France if it resides abroad).
1. It is not possible to be made represent by a third. Convention The person must give an agreement in writing in double specimen. There is not particular model; she can simply: to refer to the law instituting the PACS: "Us, X and Y, let us conclude a civil pact from solidarity governed by the law n°99-944 of November 15, 1999", and to specify the methods of the material aid to which the partners will be held.

Requirements : Each partner must present: an identity paper (national chart of identity, passport.), the integral copy or an extract of its birth certificate with filiation, a certificate on the honor which it does not have of alliance or family ties with the other partner preventing the conclusion of a PACS, a recent certificate issued by the magistrates' court of its birthplace (if the person were born abroad, of the Court of Bankruptcy of Paris) attesting that it is not bound by a PACS with another person, a certificate on the honor indicating that the person fixes her common residence in the spring of the magistrates' court where it makes the joint statement.


Which is the incidence of the PACS on the family allowances?


The users having concluded a civil pact of solidarity are regarded as boyfriends(concubins) in comparison with the family allowances. Their rights are in any point identical. The applicable legislation is that which relates to each service. It is thus advisable to refer to the various articles of the social error correcting code.


Particular case of the foreign partners

The civil pact of solidarity, concluded with a French or titular partner from a residence permit, is an element of appreciation of the personal bonds in France for obtaining a residence permit. Depends on the Immigration, if married after two years, the foreign spouse can avail ten years residency. In Pacs, case to case (i think).

Effects on the goods(assets)
You preserve the freehold of the goods had by you before at the conclusion of the PACS. For the goods bought later on, there is a difference according to their nature. The movables in common housing (tables, chairs, television sets), are in joint possession per half, if convention (agreement) did not envisage specific provisions.

Movables common housing :You can in convention decide: so certain pieces of furniture will belong to one or the other partner, so certain pieces of furniture will be undivided and in which proportion (for example a tiers/deux third).

Effects on the other goods bought throughout PACS For the other goods (real, cars, produced of saving or investment.), you must specify at the time of acquisition to which partner they belong. If this precision is not indicated, they are regarded as being undivided per half.

Housing : If your partner were tenant of common housing, in the event of death (or of abandonment of housing) of this one, you profit from the transfer of the leasing agreement to your profit, without condition of time of cohabitation. The financial backer has a right of resumption of housing, in favour of the partner with whom it is bound by a PACS.

Social work and rights You profit from certain welfare benefits. If you are not covered on a purely personal basis by the sickness insurance, maternity, death, you can profit from quality from having right to the title of the other partner.

Others social favours : You have priority, in front of the children and ascending of your partner, for obtaining the death benefit. For the posterior industrial accidents at September 1, 2001, you can be given a revenue of having right if your partner is deceased, under certain conditions. In the field of work, you profit: from two days off in the event of death of the partner, obligation of the employer to hold account, for the fixing of the vacation, the dates of those of your partner, simultaneous vacation if you work in the same company,

Rights as regards work In the public office, you profit from a priority in the order of the changes to follow your partner. In the absence of possibility of change, you can profit in priority from a detachment or a provision. You can moreover profit from authorization of absence subject to the interests of the service: of a five days maximum at the time of the conclusion of a PACS, of a three days maximum in the event of death or of serious illness of the partner. On the other hand, you lose in the event of conclusion of a PACS the rights: with the allowance of family support, with the allowance of isolated relative, with the allowance of widowhood, if, being isolated, you had right there previously.

Incomes taken into account for the ceilings of resources :The incomes of the two partners are taken into account for the calculation of the resources as regards: family allowances, rent allowances, allowance with the handicapped adults and complement of allowance, minimum income of insertion.


Declaration of the incomes and PACS: As of the year of conclusion of a civil pact of solidarity (PACS), the partners are subjected to a common imposition for their incomes acquired during the 1ere year of conclusion of the PACS, like possibly those their children and other people with load. The imposition will then be established with the names and the incomes and loads of the two partners.

PACS concluded(agreed) in 2005 If the civil pact of solidarity were concluded in 2005, three declarations must be filled: for the incomes acquired of January 1, 2005 at the day of the conclusion of the PACS, each partner must fill a declaration separately. They must use the pre-printed declaration that each one of them received, for the acquired incomes of the day of the conclusion of the PACS at December 31, 2005, the partners must fill a Joint Declaration.

PACS concluded (agreed)before 2005 The people who concluded a PACS before 2005 must fill a Joint Declaration for the incomes acquired in 2005. In the event of rupture of the PACS in the current of the year 2005 The Joint Declaration of the partners ceases starting from the date on which the pact ends. Three declarations must be filled: for the acquired incomes of January 1 at the date of the rupture of the pact, the ex-partners must complete a Joint Declaration, for the incomes acquired of the day of the rupture of the pact at December 31, 2005, each ex-partner must complete a declaration separately. In the event of marriage, the PACS ends at the date of the marriage.

Which are the tax incidences of the civil pact of solidarity (PACS)?

Contained in articles 4, 5 and 6 of the law relating to the civil pact of solidarity (PACS), published in the Official Journal of November 16, 1999, the tax incidences are of three types: imposition common to income tax; inheritancees tax death (and of donation inter vivos) reduced; imposition common to wealth tax.

Imposition common to income tax As from the Taxation of the incomes of the year 2004, the law envisages a common taxation of the couples "pacsés", and this as of the conclusion(agreement) of the PACS. The declaratory obligations of the pacsés partners are similar with those of the married couples.

Good to know: the joint imposition of the partners of the PACS makes them also interdependent of the payment of this tax; in the absence of spontaneous payment of the contributions, the Treasury can thus continue each partner for the totality of the tax, without being held to distribute between them the tax liability.


Is there exist special vacation at the time of the death of one of the partners of a PACS?

YES. The article L 226-1 of the fair labor standards act lays out that any employee profits, on justification, of an exceptional authorization of two days absence for the death of a spouse. For the application of these provisions, are assimilated to couple the recipients of a PACS. Will know that these days of absence do not involve a reduction of remuneration. They are assimilated to working days effective for the determination of the duration of the annual leave.

Certificate of engagement in the bonds of the civil pact of solidarity

This PACS certificate is given to you at the time of the recording of the pact . Each partner must receive a specimen from it. It mentions: the name, first names, date and birthplace of each partner, the date and the number of recording of the pact civl of solidarity.

Dissolving your civil pact of solidarity (PACS), you must appear together at the clerk's office of the magistrates' court for purposes make there record a joint written declaration of end of pact. A receipt will be immediately given to each partner by the gréffier.

Recording The clerk registers this declaration on a register and the preserve. He mentions it in margin of the initial act or makes it record in margin of this act. The PACS ends immediately.



Ask dissolution by one of the partners: Only one of the partners can require the end of the PACS. It means by bailiff to the other partner his decision, and forwards a copy of the significance to the clerk's office of the magistrates' court which received the initial act. The clerk mentions it in margin at the end of the initial act. The pact ends three months after reception of this copy.

IF One of the partners plan to get married: It must mean it by bailiff to the other partner, and address a copy of this significance to the clerk's office of the magistrates' court which received the initial act, accompanied of a copy of its birth certificate being marked of the marriage. The clerk mentions it in margin at the end of the initial act. The PACS ends at the date of the marriage.

Liquidation of the rights and obligations In theory, it is done with friendly between the former partners. In the event of dissension, you can seize the Court of Bankruptcy to rule on the patrimonial consequences of the rupture, and possibly on the repair of the damages which can result from it. If you reside abroad The declarations or significances mentioned previously must be addressed to the embassy or the consulate of France.

My faith is still for honorable marriage, as God Jehovah is the author of Marriage and I felt strongly about getting married His way. But everyone has its own choices to make and each one carry its own load...