Enforcement and recognition of divorce and family orders in France

Enforcing a divorce or family order in France

France recognizes and enforces international divorce and family rulings handed down in foreign countries like the US and the UK.

The enforcement of foreign divorce or family orders in France required a court enforcement procedure called exequatur.

Exequatur aims at ensuring the validity for the divorce and family order under French law. This includes verifying that the judgment complies with French public policy and meets recognition requirements, such as proper jurisdiction and due process in the originating country.

This court process in France in mandatory for all international judgments, such as divorce orders, child custody agreements, or spousal support orders, before they can be enforced.

Without this recognition, foreign orders cannot be legally executed in France.

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Registering a divorce or family order in France

When divorce and family orderd handed down outside France don't need to be enforced via a bailiff they are directly registered or transcribed.

Transcribing an international divorce or family order in France requires registration on the order with the French civil registry (état civil).

When the divorce judgment or family order has been issued abroad, it must however first undergo validation to ensure its recognition under French law by the Public Prosecutor in France.

The transcription request submitted to the Public Prosecutor must contain a series of documents, including birth certificates, the divorce judgment or family order and a legal opinion from a foreign lawyer.

If the divorce judgment or family order meets necessary legal standards, the Public Prosecutor authorizes its transcription.

International alimony and child support recovery in France

Dealing with unpaid child support or alimony from an ex-spouse or co-parent means navigating obstacles such as differences in legal systems, procedural requirements, and jurisdictional challenges.

International alimony and child support recovery in France is facilitated by The Hague Convention on the International Recovery of Child Support and Other Forms of Family Maintenance, designed to streamline the enforcement and collection of family maintenance obligations between signatory countries.

France has designated a local authority to assist in recovering child support and alimony orders handed down outside the European Union.

Enforcement measures on assets in France

Should an ex-spouse or partner fail to comply voluntarily with financial measures in a family order, French law permits a series of attachment measures that can be carried out on assets located in France.

The enforcement of an international judgment on assets located in France is however only possible after the recognition of the court order in France via exequatur.

Enforcement measures include:

Bank account seizure of funds held in French bank accounts that can be identified via a specific process by a bailiff
Real estate seizure of property located in France via a public auction
Seizure of furniture, vehicles or other valuables located in France