International divorce

A single foreign element is enough to change the nature of a divorce. Three situations arise most often at the office:

• You have different nationalitiesMarried in France or abroad, with or without a marriage agreement.
• You live in different countriesLiving abroad, one spouse returning to France, children at school abroad.
• Proceedings have already started abroadOr you fear that your spouse will apply to a foreign court before you do.

In each of these cases, you may be able to apply for divorce in more than one country. The choice of court affects the financial consequences, the children, the timescale and the recognition of the judgment abroad. It is the first decision we take together.

Before any step, I answer three questions that shape the strategy:

1. I

   Which court?

   Do the French courts have jurisdiction to grant the divorce and rule on the children and financial measures? Would a foreign court have jurisdiction too?

2. II

   Which law?

   European regulations and international conventions designate the law applicable to each aspect of the divorce: it is not always the law of the court seised.

3. III

   Recognized elsewhere?

   A divorce granted in one country does not automatically take effect in another. I check this before advising a route, including for a divorce by mutual consent.

“Analyse every option in every country, use proceedings as leverage, and seek an agreement that holds wherever it will have to apply.”

I rely on a network of correspondents abroad, family lawyers in other countries, to act quickly in several jurisdictions where necessary and to check that an agreement reached in France will be enforceable where your spouse, your children or your assets are.

1. First consultationYour situation, your objectives, the countries involved. At the office or by video.
2. Court / law / recognition analysisThe options in each country, their likely consequences, the timetable.
3. Choice of strategyWhere to act, when and by which route: negotiation, mediation, proceedings.
4. Negotiation or proceedingsAn agreement drafted and secured in both countries, or an application to the competent court.
5. Recognition and enforcementRegistration, exequatur, follow-up of the agreement abroad.

Indicative sequence: each case follows its own pace.

Competent courts, applicable law and recognition in twelve countries. Each page links to official sources.

• United Kingdom
• United States
• Switzerland
• Canada
• United Arab Emirates
• Singapore
• Hong Kong
• Belgium
• Germany
• Spain
• Italy
• Portugal

Country by country, in detail