How can a foreign decision be recognized in France?

When you divorce abroad or when your ex-spouse has initiated proceedings outside France, for the decision to take effect in France, it must be recognized in the French legal system. The rules of recognition vary depending on whether or not the country that issued the decision is a member of the European Union.

If the divorce judgment was issued in a European Union member state

Recognition is automatic. Under the provisions of the Brussels II ter Regulation, any decision rendered by a court of a Member State is directly recognized in the other Member States, without exequatur (without any specific validation procedure).

In divorce matters, this allows the divorce to be recorded on your French civil status records (actes d’état civil), such as your birth or marriage certificate. As a result, the decision is also enforceable, which means that you can have it enforced in France (support payments, parental authority, etc.) simply by presenting a certificate issued by the foreign judge.

However, there are certain limitations: the decision will not be recognized if it conflicts with French public policy (ordre public).

If the divorce judgment was issued by a third country (outside the EU)

In this case, recognition is not necessarily automatic. You will need to initiate proceedings for recognition (procédure d’opposabilité) in order for the foreign decision to take effect in France. This procedure aims to verify that the foreign decision:

• was issued by a judge who had a sufficient connection with the parties,
• was not issued in fraud of French law,
• and is not contrary to French international public policy (for example, a divorce by unilateral repudiation by the husband will in principle be refused) and complies with the fundamental principles of French law (in particular respect for the rights of the defense).

To enforce the decision in France (for example, to obtain payment of support), you will also need to initiate exequatur proceedings before the judicial court (tribunal judiciaire).

Special case of divorce by mutual consent without a judge

Since 2017, in France, you can divorce without going before a judge, by means of a divorce agreement countersigned by a lawyer and registered by a notary.

This divorce is now normally recognized in European Union member states (Article 65 of the Brussels II ter Regulation), but it may not be recognized in all foreign countries, particularly those that require the intervention of a judge.

To avoid this, if your situation involves a foreign element (élément d’extranéité), it is recommended that you opt for a divorce on accepted grounds (divorce accepté) before a judge, so as to obtain a divorce judgment, which is more widely recognized abroad (see Will my divorce by mutual consent be recognized abroad?).

I assist you in having your divorce judgment recognized and enforced in France or abroad.

This general information does not replace a consultation: each situation requires individual assessment.