Ask the Experts: Divorcing in France

Sarah Bright answers your questions on divorce proceedings in France…

Many people believe that the competent court for their divorce is the one where they were married or the one of the country of their origin. They also think that they can choose one of these courts if the law is more favourable to their situation. In reality, international law dictates that the competent court for your divorce is first where the couple reside, or where the principal family home is located, and finally, where the children live if they are under-age. The fate of your assets also depends on international law so that you cannot choose which law is going to rule how your assets will be divided in the divorce.

A few years ago, the French government decided on a major reform of the divorce procedure and created a mutual consent divorce which consisted of a contract drafted by lawyers and registered with a notaire. The principle is simple and if there is a complete agreement between the spouses on all aspects of the divorce, it is indeed a quicker procedure as you do not need to suffer the delays of the court.

However, it quickly appeared that it was a divorce which was not adapted to any situation which was even vaguely international. Indeed, even before Brexit, EU and international laws dictated that family judgments were automatically recognised in countries which were members of the EU or signed the same international treaties.

The issue is that the French mutual consent divorce is not a judgment so there is no recognition anywhere else but in France. This means that if you have assets abroad or difficulties with your ex-spouse following the divorce agreement (for example, concerning children or maintenance) you would need to go through an exequatur procedure to make the divorce recognised in your country and it may not work as this process is not automatic.

Strictly speaking, you don’t, but in the vast majority of cases, if you don’t then your future ex-spouse will. If there is an international component to your divorce, it is best to consult a lawyer who knows how international law works So your interests are protected.

Indeed, your marital regime, which is the law that concerns your assets, can change based on where you live and for how long, and this will impact how your assets will be split in your divorce and whether or not you can make claim to these assets.

So you may believe that you have no claim on a property because you have been advised that you are under the French separation system, but with a lawyer who knows international law, you are actually entitled to half of the estate. A recent example we treated involves a couple who were married under the Canadian regime; the husband’s lawyer claimed that the ex-wife was entitled to nothing and owed him money. We actually showed that she owed nothing but also, thanks to our knowledge of international law, that she was entitled to half of the value of their holiday home. It is important to receive good advice from the start. If you later realise that your initial file did not take international law into consideration, and that this had a negative impact on how the court ruled on certain aspects of your divorce, you will need to appeal. You need to know that this is done by criticising the court’s initial judgment. This becomes more complicated when this is due to errors in your own presentation.

Sarah Bright is a Senior Associate at Bright avocats, property and family law specialists in Toulouse, France.

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