When your family situation involves several countries (e.g., different nationalities, residences in several states, property abroad, etc.), your dispute has an international dimension. This can have concrete and significant consequences.
First, the competent judge will not always be the one you imagine:
The first consequence of the international nature of your case is determining which court has jurisdiction to rule on your divorce, child custody, or division of property. This depends on several criteria: your place of residence, that of your spouse, your children, your real estate, and even the nationality of each party.
A judge may be seized in France or abroad, and it is not uncommon for two proceedings to be opened at the same time in two different countries. It is then necessary to determine which judge has priority (lis pendens) in order to avoid parallel proceedings or contradictory decisions.
Furthermore, you are not automatically subject to French law:
Even if you are French or live in France, French law does not necessarily apply to your situation. If there is a foreign element, it is necessary to determine which law will apply to the claim you are bringing before the French judge whose international jurisdiction is established. The aim is to seek the application of the law that best serves your interests. If foreign law is applicable, your lawyer will then research the content of the foreign law, in consultation with a local colleague if necessary.
The procedural consequences of the international nature of your dispute
Upstream, from the outset of the proceedings, the international nature of your situation may impact the proceedings in terms of the procedures for filing a claim, service of process, the admissibility of the divorce petition, hearing deadlines, etc.
Downstream, the applicable law affects your rights in terms of property division, child support, parental authority, and, above all, compensatory allowance. Some foreign laws may be more restrictive or less advantageous than French law.
Furthermore, a judgment handed down in France will not automatically be enforceable abroad. It may sometimes be necessary to initiate recognition (or exequatur) proceedings and produce official translations and apostilles or legalizations. If this recognition fails, the judgment may remain ineffective outside France.
Your lawyer will help you anticipate these risks by identifying the most protective law, assessing the admissibility of proceedings abroad, drawing on the expertise of international colleagues, and working with you to develop a coherent strategy to secure your rights at every stage.
Gaëtan ESCUDEY supports you in managing family situations with an international dimension, providing you with strategic and personalized expertise.