How to divorce when you are an expatriate ?

Regulation No. 2201/2003 of 27 November 2003 (entered into force on 1 March 2005) regulates decisions concerning children. According to this text, the court competent to resolve issues concerning parental responsibility is the court of the state in which the children reside.

It is therefore possible to initiate the divorce procedure itself in one country and another procedure, concerning children, in another country. It is therefore advisable to be very careful with your lawyer in the choice made, especially in view of the customs of the different European countries.

Neither couple resides in the European Union but at least one of them is French

In this case, the divorce can take place in France if the French spouse so wishes.

Be careful, if you are French, if you wish to divorce in France, and if your husband has initiated divorce proceedings against you in another country (outside the European Union), you must imperatively raise before this foreign court the lack of jurisdiction and specify that you wish to be tried by a French court. Otherwise, you would no longer be eligible to initiate your request in France.

You can, if you prefer, accept to be tried by a foreign court. Before deciding, consult a lawyer in France and a lawyer in the country concerned to determine which procedure is best for you.