Getting divorced abroad as a French expat raises many questions: which court should you approach? Which law applies? Can a French court still have jurisdiction? And above all, how can you have a foreign divorce recognized in France?
The answers depend on whether you live in another EU country or outside the EU, whether you reside together or apart, and whether you have children.
Here is a comprehensive, up-to-date overview of the latest European and international rules.
1. Which Court Has Jurisdiction? International Competence
1.1. If the Couple Lives in Another EU Country
Since August 1, 2022, the Brussels II ter Regulation (EU Regulation 2019/1111) has replaced Brussels II bis for proceedings initiated after that date.
It offers several alternative criteria to determine jurisdiction, with no hierarchy between them:
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- The spouses’ habitual residence
- The spouses’ last habitual residence if one of them still resides there
- The respondent’s habitual residence
- In the case of a joint application, the habitual residence of either spouse
- The applicant’s habitual residence if they have lived there for at least one year (or six months if they are a national of the country where the court is seized)
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This means that the applicant can choose the court of any EU Member State meeting one of these criteria, even if multiple courts are competent.
Example: Two French nationals living in Berlin may file for divorce before the German court. If one spouse moves back to France, the French court may also have jurisdiction, under certain conditions.
1.2. If the Couple Lives Outside the EU
When the respondent lives in a non-EU country (excluding Switzerland), French jurisdiction is determined by domestic French law:
- Main rule: Article 1070 of the French Code of Civil Procedure (e.g., family residence, residence of the spouse living with the children, respondent’s residence)
- Alternatively: Jurisdiction based on nationality (Articles 14 and 15 of the Civil Code: French courts are competent if one spouse is French)
- Based on harmful event: If the facts leading to divorce occurred in France, jurisdiction can also be retained.
Example: Two French nationals living in Dubai may bring proceedings before the French court based on their nationality, even if they no longer live in France.
2. Which Law Will Be Applied to the Divorce?
2.1. Within the European Union: Rome III Regulation
Since June 21, 2012, Regulation Rome III (No. 1259/2010) allows spouses in participating countries to choose the law applicable to their divorce.
Spouses can agree to apply:
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- The law of the State of their habitual residence
- The law of the State of their last habitual residence if one spouse still resides there
- The law of one spouse’s nationality
- The law of the State of the court seized
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If no choice is made, the applicable law is determined according to a hierarchy of criteria set out in Article 8 of the regulation, taking into account habitual residence and nationality.
Important:
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- The choice must be made before seizing the court to be valid in France
- Religious or non-state laws cannot be chosen
- If the spouses have multiple nationalities, national law determines which one prevails
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2.2. Outside the EU: International or Bilateral Conventions
If the country of residence is not an EU member state, the following rules apply:
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- International conventions (e.g., The Hague Convention)
- Bilateral conventions between France and the country concerned
- Failing that, French private international law
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In practice, it is crucial to check whether a convention exists between France and the country where you live.
3. Can French Courts Be Competent Even If Both Spouses Live Abroad?
Yes, in several cases:
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- If one spouse is French, they may invoke the jurisdiction privileges of Articles 14 and 15 of the Civil Code and file before a French court even while living abroad.
- If the harmful event (e.g., domestic violence, abandonment) occurred in France.
- If jurisdiction is established under EU regulations (see criteria above).
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4. Recognition of a Foreign Divorce in France
4.1. Divorce Granted in Another EU Member State
Recognition is automatic, except in limited cases (e.g., violation of defense rights, public policy).
No review of the merits is allowed: France does not re-examine the grounds for divorce.
Procedure: You must provide a copy of the judgment, a divorce certificate, and, if necessary, a translation.
4.2. Divorce Granted Outside the EU
Recognition requires a review of the decision’s international validity.
If recognized, it has full effect in France (e.g., right to remarry or enter into a civil partnership).
If not recognized, it is possible to initiate a new divorce procedure in France.
5. Special Situations: Joint or Separate Residences, With or Without Children
5.1. Joint Residence in an EU Member State
The court of the State of common habitual residence has primary jurisdiction.
5.2. Separate Residences in the EU
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- If one spouse still resides in the last common residence country, that country’s court may have jurisdiction.
- If both live in different EU States, multiple courts may be competent based on Brussels II ter.
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5.3. Residence Outside the EU
French jurisdiction rules apply, with particular weight given to French nationality or the location of the harmful event
5.4. Presence of Minor Children
Jurisdiction also considers children’s habitual residence.
The court where the children live is often competent, especially for parental authority and child support orders.
Conclusion
International divorce for French expats is governed by updated EU regulations (Rome III, Brussels II ter), international conventions, and domestic French law.
Careful analysis is required to determine jurisdiction, applicable law, and recognition of the foreign divorce in France.
When facing a complex cross-border situation, consulting a private international law attorney is highly recommended.
Need assistance with your international divorce? Schedule an appointment for personalized advice.
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