Can I get divorced in France ?

If you are a foreigner living in France or part of a bi-national couple with a connection to France, you may be wondering whether you can file for divorce in France. French courts have jurisdiction over many international divorce cases, but the rules vary depending on nationality, residence, and international agreements. This article focuses on divorce options for foreigners in France and cross-border marriages.

Who can get divorced in France?

International divorces in France are regulated by European and French private international law.

A divorce case can be brought in France if:

• Both spouses reside in France.

• The last common residence of the spouses was in France, and one spouse still lives there.

• The respondent spouse resides in France.

• The petitioner has lived in France for at least 1 year prior to filing (or 6 months if they are a French national).

• At least one party is a French national

The Brussels II ter Regulation (Council Regulation (EU) 2019/1111) governs jurisdiction, recognition, and enforcement of judgments in matrimonial matters and matters of parental responsibility within the EU and applies to international divorces in France.

French private international law rules and principles also govern international divorces in France whenever the Brussels II ter Regulation is not applicable.

Also, for non-EU cases, French courts may apply bilateral agreements to determine jurisdiction and applicable divorce law.

Conclusion

For foreigners living in France and bi-national couples, French law provides multiple options for filing a divorce. However, international divorces involve complex legal considerations, including jurisdiction conflicts and recognition of foreign court decisions. Seeking guidance from an experienced divorce lawyer in France is crucial to ensuring a smooth process and protecting your rights.

If you need expert legal assistance, consulting an English-speaking divorce lawyer in France will help you navigate the legal system efficiently and address any cross-border legal complexities.