The expatriation of a family involves numerous changes, not only in daily life but also on a legal level.
It is crucial to anticipate these consequences, both to preserve family balance during the time abroad and to avoid significant difficulties in the event of a separation.
Here are the main points of attention to be aware of before and during expatriation.
1. Matrimonial Regime: Which Law Will Apply to Your Assets?
When a family moves abroad, the matrimonial regime that applies to its members may differ depending on the legislation of the country of residence.
The law applicable to the matrimonial regime is generally that of the first matrimonial domicile, which is the place where the spouses have stably and lastingly established the seat of their financial interests after the marriage.
Key points to remember:
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- First matrimonial domicile: If you get married abroad or in France and then move to live together abroad, the law of this first country of residence may determine the applicable matrimonial regime.
- Change of country: Unless there is an explicit choice of another regime, a subsequent move does not automatically lead to a change in the applicable law.
- Singularity of the law: It is not possible to fragment the matrimonial regime to subject certain assets to different laws.
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Advice: Before any expatriation, it is strongly recommended to consult a notary or a lawyer to check if a marriage contract or a modification of the matrimonial regime would be useful, particularly to clarify the law applicable to your assets.
2. Family Life Abroad: Rights and Duties that Apply
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- Mandatory rules: Certain marital rules are public policy and apply regardless of the chosen regime or the country of expatriation. It is impossible to deviate, even by agreement, from the duties of respect, fidelity, support, assistance, co-management of the family home, solidarity for household debts, or contribution to the costs of marriage.
- Parental authority: Parental authority, legal administration, and guardianship are also areas where matrimonial agreements cannot infringe.
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3. Children Abroad: Habitual Residence, Parental Authority, and Schooling
3.1. Determining the Children’s Habitual Residence
The concept of “habitual residence” is central to international law.
It refers to the place where the child is effectively integrated into their social and family environment, which can have an impact in case of conflict (separation, international abduction, etc.).
3.2. Tax and Financial Consequences
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- Early release of employee savings: In case of separation, a parent can request the early release of their employee savings if there is a decision or an agreement providing for the habitual residence of at least one child at their home.
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4. In Case of Separation or Divorce: Concrete Impacts
4.1. Liquidation of the Matrimonial Regime
In case of separation, the law applicable to the division of assets will be determined according to the principles outlined above, which can lead to notable differences depending on the country of residence or the initial marriage contract.
4.2. Parental Authority and Children’s Residence
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- Arrangement of residence: In case of divorce or separation, the children’s residence (with one parent or in alternating custody) will be determined by taking their best interests into account and according to the rules of the country of habitual residence.
- International law: Decisions regarding parental authority made abroad can, under certain conditions, be recognized and enforced in France or another member state of the European Union, according to the Brussels II ter Regulation.
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4.3. International Child Relocation
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- International abduction: Habitual residence is a key factor in preventing and addressing the illicit relocation of children abroad. The competent jurisdictions are generally those of the child’s habitual residence.
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5. Practical Advice Before and During Expatriation
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- Anticipate: Verify the law applicable to your matrimonial regime and consider creating a marriage contract tailored to your international situation.
- Keep proof of residence: Keep documents related to your residence and that of your children up to date (lease agreement, bills, school enrollment certificates, etc.).
- Stay informed about local rules: Rules regarding parental authority, divorce, asset division, or child protection can differ significantly from one country to another.
- Favor amicable agreements: In case of separation, amicable agreements are favored by French and international law.
- Consult competent professionals: Notaries, lawyers specializing in international family law, and consular advisors will be able to assist you effectively.
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Conclusion
Family expatriation is a wonderful adventure, but it requires particular vigilance regarding the legal organization of family life.
Good anticipation helps limit difficulties in case of separation, protect everyone’s interests—especially the children’s—and ensure that the choices made in France remain suitable for your new life abroad.
Do not hesitate to seek a professional before your departure to secure your situation!
© Photo : IA