How to divorce when you are an expatriate ?

If you divorce in France, in which court will you divorce ?

The principle is that the territorially competent court in divorce cases is :

• the court of the place where the family's residence is located
• if the husbands have separate residences, the court of the place where the court of the spouses with whom the minor children reside
• in other cases, the court of the place where the spouse who did not initiate the application resides.

In the event of divorce by mutual consent, the competent court shall, at the choice of the spouses, be that of the place where either resides. When the place is abroad, all the High Court of France have jurisdiction. The choice is therefore made by the spouse who files the divorce application (or both in the event of an amicable divorce).

If you divorce in France, what will be the applicable law ?

From the moment when at least one of the husbands is of French nationality, French law is applicable.

As a result, divorce, parental authority, children's residence, visiting and accommodation rights, maintenance payments, the allocation of marital home and compensatory benefits are pronounced by a French Family Court judge in accordance with French law.

If both partners are of foreign nationality but residing in France, it is then necessary to check in the international conventions signed by France which law is applicable.