How to divorce when you are an expatriate ?

Alimony and compensatory benefits

The rules for determining maintenance and compensatory benefits are the same as in France and take into account the reality of the cost of living in the spouses' place of residence.

Enforcement abroad of decisions rendered in France

In the European Union, judgments given in one Member State are in principle automatically applicable in another Member State. However, depending on the type of decision, there may or may not be a special procedure to have the French decision validated.

Financially : in case of unpaid debts if the debtor spouse has assets in France, he can be prosecuted normally. Failing this, the law of that country will apply for the recovery. Attention, outside the European Union, it will be necessary to consult with the authorities of the country in which the creditor spouse resides in order to validate the decision ordering him/her to pay.
In case of non-compliance with divorce obligations : be careful, whatever your host country, if you do not comply with a French decision, you are guilty of the related offences. You can be convicted in France, even if you live abroad and the offence was committed abroad. Depending on the country and international conventions, these convictions may or may not have any effect. However, when you return to France they will be applicable.

Ubidoca Legal Service

Warning : this legal sheet is only advisory in nature and should not be used as a substitute for a thorough analysis of the texts in force and/or an in-depth interview with a legal advisor.