International private law

EU judgments generally circulate without exequatur. Other judgments must be declared enforceable by a French court.

Within the European Union, the Brussels II ter Regulation mainly looks to the spouses' habitual residence. Several courts may have jurisdiction, and the choice of the court seised first can have major consequences.

For couples married since 29 January 2019, EU Regulation 2016/1103 allows them to choose the applicable law (that of the nationality or habitual residence of either spouse). Without a choice, the law of the first common habitual residence after the marriage applies, failing which that of the common nationality or of the country with which the couple has the closest connection. Earlier marriages are governed by other rules, notably the 1978 Hague Convention for marriages celebrated since 1 September 1992.

Official source: EUR-Lex

Act quickly. Between States party to the Hague Convention of 25 October 1980, a parent can request the immediate return of a child wrongfully removed or retained, through the central authority (in France, the Ministry of Justice) or directly before the court of the country where the child is. When the application is made less than one year after the removal, return is in principle ordered, save for limited exceptions. A criminal complaint can also be filed.

Official source: HCCH

Yes. Within the EU, Regulation 4/2009 generally allows a maintenance decision to be enforced in another Member State without an exequatur procedure, and organises cooperation between central authorities. With many other countries, the Hague Convention of 23 November 2007 facilitates the international recovery of maintenance. The steps depend on the country where the debtor is.

Official source: EUR-Lex

Before French courts and authorities, documents in a foreign language must in principle be accompanied by a translation, usually made by a sworn translator registered with a court of appeal. Within the European Union, multilingual standard forms can avoid translating certain civil status documents. It is worth checking the requirements before paying for translations.

In principle, the courts of the State where the child is habitually resident have jurisdiction over parental responsibility. This principle derives from the Brussels II ter Regulation between EU Member States and from the Hague Convention of 19 October 1996 with the other States party to it. Exceptions exist, in particular in cases of wrongful removal of the child or where the parents agree on another court.

Official source: EUR-Lex

A marriage celebrated abroad in the local form is in principle valid in France, provided the substantive requirements (age, consent, no prior marriage) are met. When one spouse is French, the marriage must be transcribed into the French civil status registers, through the relevant consulate, to be effective in France; formalities are also required before the marriage.

Since 1 January 2021, EU regulations (jurisdiction, recognition of judgments, maintenance) no longer apply to new proceedings between France and the United Kingdom. The international conventions to which both countries are party now apply, in particular the Hague Conventions of 1980 on child abduction, 1996 on child protection and 2007 on the recovery of maintenance, together with each country's national rules.

Official source: HCCH