Advising a family that separates across borders: my courses at the EFB International Program (2022-2026)

Since 2022, I have taught international family law to the lawyers attending the International Program (stage international) of the Paris bar school, the École de formation des barreaux (EFB). The course has evolved with each reform, up to the three-hour version of October 27, 2026, updated as of October 1, 2026. Here are the key takeaways, with selected excerpts from the training materials.

One international separation means several disputes

The method fits in one grid: five blocks, three questions. For the spouses: the divorce, spousal support and the matrimonial property regime (régime matrimonial). For the children: parental responsibility and child support. For each block: which court, which law, and how will the decision circulate? The same court may have jurisdiction over the divorce but not over the compensatory allowance (prestation compensatoire); the same judgment may apply several different laws.

This grid is not an academic exercise. EU regulations require the court to check its own jurisdiction of its own motion, and, since these rights cannot be freely waived, the court must also apply the conflict-of-laws rule of its own motion. The applicable law must therefore be identified before filing, to make sure the chosen court will apply a law that serves the client. It all starts at the first meeting: nationalities, successive residences with proof, date and place of the marriage, prenuptial agreement, assets country by country, proceedings already pending.

The common thread: a French couple in New York

In 2025, the case study featured two French nationals married in Paris in 2000 under a separation-of-property regime (séparation de biens), living in New York since 2020 with their three French-American children. The husband wants a divorce; the wife, who put her medical career on hold, wishes to return to Paris with the children and seeks substantial financial support. He believed his separation-of-property agreement would be recognized in New York, and did not know that a compensatory allowance might be owed.

The case brings every question of the course into play: which court to seize, in Paris or in New York, and for which blocks; which law governs the divorce, support and the property regime; how to organize the children’s residence across two continents. In its “negotiation” version, participants then prepare an agreement in principle: leverage, best alternative to a negotiated agreement (BATNA, MESORE in French), the order in which to address disagreements, each party’s needs and interests, options and concessions.

Court, law, decision: the points to watch

Within the EU, the grounds of jurisdiction for divorce are alternative: several Member States may have jurisdiction, and the court first seized prevails. The date of seizure becomes decisive. When a court of a non-EU State is involved, the rules change: the French court may, but need not, decline jurisdiction, and the English court applies forum non conveniens. Being first is no longer enough.

On the financial side, the first question to ask the client is simple: “When and where did you marry?” The law governing the property regime depends on the date of the marriage, with three periods: before September 1, 1992, up to January 28, 2019, and from January 29, 2019. For couples married between those dates with no prenuptial agreement and no choice of law, the automatic change of applicable law under the 1978 Hague Convention may have altered the law of their regime without their knowing.

Negotiating without losing the race

International litigation has its limits: parallel proceedings, conflicting decisions, uncertain enforcement outside the EU, and a parental relationship damaged for years. Hence the role of amicable solutions, provided they are made secure. While the parties negotiate, the other spouse may seize a foreign court first. Two options: file a protective petition to secure the date, then negotiate; or sign a participatory procedure agreement (convention de procédure participative), which bars recourse to the French court but does not bind a foreign one.

The agreement must then take a form that will circulate. A divorce by agreement signed by lawyers (divorce par acte d’avocats) is recognized within the EU on the basis of a certificate; outside the EU, its recognition is often uncertain, with the risk of a “limping” divorce. The safe alternative: negotiate the entire agreement, then have it approved in a court divorce. Amicable does not mean without a judge. That is why, at the International Program, the international family law course goes hand in hand with a course on amicable dispute resolution.

Sessions

• October 27, 2026“International family law: advising a family that separates across borders,” a three-hour course, preceded on October 21, 2026 by a course on amicable dispute resolution in the French legal system.
• October 22, 2025Two courses: international family law, built around a French couple living in New York, and the amicable methods lawyers can offer their clients.
• October 30, 2023International family law, based on a Franco-Spanish divorce case study.
• October 26, 2022“The practice of international family law,” for the foreign lawyers of the International Program, with a Franco-Spanish divorce case study (Franco-German lis pendens, children, property regime, support).

Key takeaways

1. 1Think block by blockDivorce, support, property regime, children: each block has its own court, its own law and its own rules on recognition.
2. 2Prove habitual residenceIt is the key concept. Gather the evidence at the first meeting, before any move.
3. 3Start from the date of the marriageIt determines the law of the property regime and reveals any automatic change of applicable law.
4. 4The divorce court is not always the court for money mattersA court with jurisdiction over the divorce solely on the basis of one spouse’s nationality does not, on that ground, have jurisdiction over the compensatory allowance.
5. 5Secure jurisdiction while negotiatingProtective filing or participatory procedure: choose knowing the limits of each option.
6. 6Plan for recognition from day oneA judgment or an agreement is only worth something if it can be enforced where the children live and where the assets are.

Training excerpts

General information. This account of a talk reflects only my personal opinion and is not legal advice. The cases mentioned are fictional, or inspired by real cases, modified and anonymized.