International divorce

In France, the European Rome III Regulation lets spouses choose the applicable law: that of their habitual residence, of the nationality of either spouse, or of the court seised. Failing a choice, it is generally the law of their common habitual residence when the court is seised. The applicable law can change the financial outcome.

Within the European Union, it circulates with the certificate provided for by the Brussels II ter Regulation. Outside the EU, recognition is not guaranteed, as some countries require a court decision. When a spouse lives abroad or owns assets there, this must be checked before choosing the procedure.

A divorce decision given in another EU Member State (except Denmark) is recognised in France without any special procedure. A decision given outside the EU normally takes effect in France if the foreign court had jurisdiction, the decision does not breach international public policy and it was not obtained by fraud. To have the divorce recorded on a French national's civil status records, a verification of enforceability is requested from the public prosecutor in Nantes.

Official source: EUR-Lex

For courts in the European Union, the law applicable to maintenance obligations is determined by the Hague Protocol of 23 November 2007: in principle it is the law of the creditor's habitual residence, but a spouse may object where the law of another State has a closer connection with the marriage. The spouses may also choose the applicable law, within certain limits. The French compensatory payment (prestation compensatoire) is covered by these rules.