International Divorce and Family Law: France & England

When a relationship ends, international connections can affect where proceedings take place, how finances are addressed, and which arrangements can be made for the children.

Our international family law services may be relevant if you are:

• A French national living in England or Wales who is considering divorce or separation
• A British national married to a French citizen
• Part of a couple who married in France but now live in England
• A British expatriate living in France
• A member of a family that has moved between England and France
• A parent living in one country while the other parent or the children live in the other
• Someone with property, pensions, savings, investments or business interests in England and France

Laurus advises on the law of England and Wales, and in cases where French legal advice is also needed, we work alongside a French lawyer so that the different parts of the matter are properly coordinated.

Divorce involving England and France

A marriage celebrated in France does not automatically have to be ended there. If the marriage is legally recognised and the jurisdictional requirements are satisfied, it may be possible to divorce in England and Wales even though the wedding took place in France or one spouse remains living there.

The divorce itself is only one part of the picture. A client will often also need advice about the family home, maintenance, pensions, investments, and arrangements for the children. Those issues are not necessarily resolved simply because a divorce has been granted. It is therefore important to consider the legal and practical consequences of the proposed proceedings rather than looking only at where the divorce application appears easiest to make.

The position may require particular care if proceedings have already started in France or one spouse is considering making an application there. Although not every international divorce involves competing cases, the existence and timing of foreign proceedings can affect the advice. Recognition of the eventual divorce in the other country should also be considered, especially where the procedure followed does not involve a conventional court judgment.

Establishing which country can deal with the divorce

Jurisdiction is not decided by nationality or the place of marriage alone. The relevant factors may include where each spouse is currently living, where they have been habitually resident, and the nature of their longer-term connection with England, Wales, or France. Domicile, which broadly concerns a person’s permanent legal home, can also be significant.

The court may need to consider:

• Where the couple last lived together
• How long each spouse has lived in their present country
• Whether either spouse intends to remain there
• Whether divorce or separation proceedings have already begun
• Where the children ordinarily live
• Where the main assets are located
• Whether an overseas marriage or divorce will be recognised

The consequences of proceeding in one country rather than another can extend beyond the divorce itself because the approach to financial claims, matrimonial property, and maintenance may differ, while the practical enforcement of an order could depend upon the location and nature of the assets.

Financial settlements and assets held in France

Where financial proceedings take place in England and Wales, assets in France are still relevant. The English court requires full disclosure of each spouse’s financial circumstances, which is likely to include French property, bank accounts, investments, pensions, business interests, and any inherited wealth.

The French matrimonial property regime is another potentially important feature. In France, spouses who marry without making a marriage contract, or pre-nuptial agreement, will ordinarily fall within the statutory regime known as communauté réduite aux acquêts. This broadly translates as community of property limited to acquisitions. The existence of a French regime does not by itself dictate the result of English financial proceedings, but its terms and effect may form part of the background which the English court needs to understand. 

Prenuptial and postnuptial agreements

French marriage contracts and English prenuptial agreements do not operate in exactly the same way. In England and Wales, a prenuptial agreement is not automatically binding, although the court may give it substantial weight if it was entered into freely, with a proper understanding of its implications, and it remains fair in the circumstances.

The couple may therefore need separate English and French advice. The documents should be prepared with both jurisdictions in mind, rather than assuming that an agreement drafted for one legal system will produce the intended result in the other.

Children living or travelling between England and France

Parents may separate while both remain in England, but later find that one wishes to return to France. In other families, one parent already lives in France, and the children travel regularly between the two countries. Questions may arise about where the children should live, how much time they should spend with each parent, and who should meet the cost of international travel.

Where the courts of England and Wales have jurisdiction, Laurus can advise on child arrangement orders, which regulate where a child lives and spends time. We can also advise about specific issue orders where a particular decision needs to be made, and prohibited steps orders where a parent seeks to prevent an action such as taking a child abroad.

Every family has different practical needs; a workable arrangement may have to address school holidays, passports, travel documents, flights, handovers, video calls, and the child’s relationship with their wider family in both countries.

In France, parental authority is generally exercised jointly after separation, although the precise arrangements may be agreed by the parents or decided by a judge.

International relocation and child-abduction concerns

A parent should not assume that they may permanently move a child from England to France simply because they are French, have family support there, or believe that the move would provide a better quality of life. If another person has parental responsibility and does not consent, court permission may be required before the child is relocated.

Urgent legal advice is important if there is concern that a child may be removed without consent or has already been taken from one country to the other. Both France and the UK participate in the 1980 Hague Convention on international child abduction, which provides a framework for dealing with the wrongful removal or retention of children between participating states.

The Convention is concerned primarily with securing the prompt return of a child to the country of their habitual residence so that longer-term decisions can be made there. It is not a substitute for an ordinary dispute about which parent offers the better home. Delay can make an already difficult case more complicated, so anyone facing a possible removal or retention should seek specialist advice immediately.

Important differences between French and English family law

France, England and Wales have very different family-law systems. One particularly notable French feature is the procedure for divorce by mutual consent. In appropriate cases, spouses who agree both to divorce and to its consequences may complete the process through an agreement prepared and countersigned by their respective lawyers and lodged with a notary, without appearing before a judge. Judicial involvement may still be required in certain circumstances, including where a child asks to be heard.

This differs from the divorce process in England and Wales, where the court grants the divorce even when the application is jointly made and neither spouse alleges fault. English financial claims also need to be resolved separately through an approved consent order or contested financial proceedings; the final divorce order alone does not dismiss those claims.

French law places particular emphasis on the matrimonial property regime chosen by the spouses or applied by default. England and Wales do not use an equivalent system to predetermine ownership and division on divorce; instead, the English court exercises broad discretion by considering statutory factors and seeking a fair outcome, with particular attention to the needs of the parties and any children.

These differences do not mean that one system is preferable to the other. They demonstrate why advice from lawyers in both jurisdictions may be needed when the family’s life, assets, or legal documents cross the Channel.

Contact Laurus for international family law advice

Early advice can be especially valuable where there are questions about cross border divorce, finances, and children disputes. 

Contact the Laurus team today to discuss your circumstances and obtain advice tailored to your family.