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Divorce with a foreign spouse or a spouse abroad: which court, which law?

When a couple has ties to several countries, two questions arise: which court has jurisdiction, and which law applies. They do not always have the same answer.

Which court?

Within the European Union, common rules (the Brussels II ter Regulation) set the criteria for jurisdiction, for example the spouses’ habitual residence. Outside the EU, national rules and conventions may apply.

Which law?

Depending on the case, the law applicable to the divorce may be that of the shared residence, the shared nationality, or one chosen by the spouses within limits (Rome III Regulation). It can differ from the law of the court seized.

Children, maintenance, property

Parental authority, the children’s residence, maintenance and the matrimonial property regime follow their own rules. A parent leaving the country with a child raises urgent questions.

Recognising a foreign decision

A divorce judgment made abroad sometimes has to be recognised in France, for example to update civil status records or remarry. The formalities depend on the country and the decision.

Frequently asked questions

Can I divorce in France if my spouse lives abroad?

Often yes, depending on the jurisdiction criteria (residence, nationality). The firm will review your case.

Do I need to translate my documents?

Generally yes: foreign civil status documents, sometimes legalised or apostilled and translated.

This page provides general information and does not constitute legal advice. Every situation is different: contact the firm for advice tailored to your case.

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