Your divorce is international if:
- You and your spouse are of different nationalities;
- You live in different countries;
- You plan to return to France with your children, while your spouse wishes to remain abroad;
- You have acquired property in several countries;
- Proceedings have already been initiated, in France or abroad, sometimes without coordination.
These elements are called foreign elements (éléments d’extranéité): they bring your situation within the scope of international family law.
When your divorce involves one or more foreign elements, three fundamental questions must be examined:
- Which court has jurisdiction? The court that is competent to hear your case must be identified. This depends mainly on your habitual residence (résidence habituelle) and that of your spouse, sometimes on your nationalities, but not on the place where the marriage was celebrated.
- Which law applies to the divorce? The applicable law is not always that of the country of the judge hearing the case (e.g., a French judge may apply Moroccan law if the spouses are Moroccan and did not choose another law at the time of the marriage).
- Will the judgment be recognized abroad? Finally, if your divorce is granted in one country, it will not automatically take effect in another. It is therefore crucial to anticipate the steps required to have the judgment recognized, especially if you have children or assets abroad.
The strategic role of your lawyer. Your lawyer acts as a translator and legal strategist: they identify the relevant jurisdictions, analyze the applicable laws, and advise you on deadlines, the documents to be provided and the possible options.
If necessary, they collaborate with foreign colleagues, anticipate difficulties related to translation or to the recognition of a judgment, and secure each step.
Finally, they take into account not only the legal rules, but also the social and cultural realities of the country concerned: how children are heard, protection of women, movement of property, enforcement of maintenance payments (pensions alimentaires), etc.
Maître Gaëtan Escudey is trained in international family law and will assist you in effectively defending your rights in several countries and in protecting both your children and your property.
This general information does not replace a consultation: each situation requires individual assessment.
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