We got divorced abroad. How can we have the decision recognized in France?
When you divorce abroad or when your ex-spouse has initiated proceedings outside France, in order for the decision to be effective in France, it must be recognized under French law. The rules of recognition vary depending on the country that issued the decision and whether or not it is a member of the European Union.
If the divorce judgment was issued in a European Union member state
Recognition is automatic. Thanks to the provisions of the Brussels II Regulation, any decision rendered by a court in a Member State is directly recognized in the other Member States, without exequatur (without a specific validation procedure).
In divorce cases, this allows the divorce to be recorded on your French civil status documents, such as your birth or marriage certificate. In fact, the decision is also enforceable, which means that you can have it enforced in France (alimony, 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.
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 an enforceability procedure 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,
● 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).
In order to enforce the decision in France (for example, to obtain payment of alimony), it will also be necessary to initiate exequatur proceedings before the judicial court.
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 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, it is recommended that you opt for a divorce accepted before a judge, so that you obtain a divorce decree that is recognized in all countries.
Gaëtan ESCUDEY will assist you in having your divorce decree recognized and enforced in France or abroad.