Skills

French and private international family and personal law

– Definition

We use the term international family law when the situation presents a cross-border link, i.e. whenever there is:

  • A foreign citizenship
  • A context of expatriation / living / moving abroad
  • A foreign property
  • A situation where the child(ren) and/or parents are in different countries
  • An adoption abroad
  • A medically assisted procreation carried out abroad
  • A decision handed down by a foreign court

I can assist you in each of these situations, taking into account their specific features, such as:

French jurisdiction

Determine whether the French courts would have jurisdiction to handle the dispute in the light of the applicable European, international and domestic rules, in order to ensure that the referral to the court or the agreement to be reached would be recognised in France.

For example: Uruguayan spouses have a property in France, where they sometimes spend their holidays. This is their only link with France. Even if the Uruguayan spouses, who are visiting France, wish to divorce there, the applicable European, international and French rules will not allow them to do so.
By contrast, French spouses expatriated in Australia could divorce by mutual consent in France on the basis of article 3 b) of the EU-Regulation Brussels II ter because of their common nationality. This being the case, they will have to be informed of the difficulties of having their divorce and the related legal consequences recognised abroad.

Applicable procedure

To explain the applicable procedure to you, and to inform you of your rights and the risks involved in initiating a particular procedure.

For example: One of the parents goes abroad with the child without the other’s consent and no longer intends to return to France. I am by your side to file an application for return with the competent authority (In France, the Department of Mutual Assistance, Private International Law and European Law at the Ministry of Justice liaises with the authorities in the requested State) if there is a convention between France and the country in which your child is being held or to refer you to a foreign family lawyer, if this is more appropriate.

Procedural strategy

I advise you on the most appropriate procedural strategy for making enforceable the document or decision abroad.  I work with foreign lawyers to give you a precise answer depending on the foreign country considered.

For example, will your divorce agreement be recognised abroad?

Applicable law

Determining the law applicable to the dispute.

For example, if there is no marriage contract or choice of law agreement, the law applicable to the matrimonial property regime and therefore the rules governing it will differ depending on:

  • the date of the marriage
  • the place where the spouses established their first residence right after the marriage
  • the nationality of the spouses or
  • the number of years spent in another State.

When is it advisable / necessary to call on the services of a lawyer dedicated in international family law?

International child abduction

Whenever a child is wrongfully retained or removed in a country other than his or her country of residence, I work with the parents to protect the parent-child relationship by accompanying him / her through all stages of the return or international mediation procedure.

Links to related articles (in French):

Child's residence with the parents or third parties

When parents separate, the child’s residence must be determined, either by mutual agreement or by court order.

International adoption

International adoption can involve two situations:

  • either the adoption of a minor residing abroad is granted in France or, conversely, the minor resides in France and the adoptive parents are abroad (situations described in article 370-2-1 of the Civil Code),
  • or the adoption is granted abroad.

Whichever the case, I am at your side to:

  • help you prepare the adoption file,
  • inform you of the legal conditions to be met in France, the procedure and the subsequent effects,
  • in the event of an adoption abroad, apply for the adoption to be granted exequatur whenever possible.

Divorce and separation with a foreign connection

Are you a couple and you want to separate? I can help you at every stage of your thinking and separation:

  • Beforehand, to understand the legal consequences of splitting for you, your property and the children, depending on your marital status (marriage, civil partnership, cohabitation, common-law partnership);
  • During the separation, to find a global settlement that suits you(and the children). Failing this, I can initiate proceedings before the competent French family court in your interests.
  • Afterwards, for any difficulties that may arise with your ex-spouse (issues concerning jointly owned property (if any), issues concerning the children, etc.).

Children alimony

Article 371-2 of the French Civil Code: “Each of the parents shall contribute to the maintenance and education of the children in proportion to his or her resources, those of the other parent and the needs of the child. This obligation shall not cease to exist by operation of law when parental authority or the exercise thereof is withdrawn, or when the child comes of age”.

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This contribution may be determined amicably between the parents, in which case an agreement may be approved by the competent family court.

Failing agreement, recourse to the judge may be necessary to :

  • set the amount of the child alimony,
  • change the amount of the child alimony,
  • withdraw the contribution.

The assistance of a lawyer is not mandatory in this area, but strongly recommended in order to:

  • seek agreement with the other parent,
  • failing that,
    • prepare the application,
    • reply to the other party’s arguments,
    • assist you at the hearing.

Recognition of foreign court decisions

Some foreign decisions are recognised automatically.
Others have to go through a special procedure in order to take full effect in France.

I can help you in both of these situations:

  • by preparing your case, for example if you want your foreign divorce to have full effect in France,
  • by informing you of the implications in France of a foreign court decision and the possibilities of having it recognized in France or challenging it,
  • by applying for enforcement of the decision, if necessary. Translated with DeepL.com (free version).
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Personal and family law

Relationships

A lawyer in personal and family law will help you through all the major stages of your relationship.

​During the relationships :

  • Review of your marriage or registered partnership contract (pacs)
  • Help by choosing the rules governing your assets (so called matrimonial regime)
  • Assistance in setting or changing the contribution to the expenses of the marriage/household)
  • Sale of the family house

At the end of the relationship:

  • Annulment of marriage
  • Divorce / separation before or without a judge
  • Before the family court judge:
    • Interim measures such as:
      • Determination of the person(s) entitled to stay in the family house and the one(s) who can use other joint or undivided properties?
      • Determination of the financial needs of the wife and / or children and the related financial support (spouse / children alimony) of the other spouse
      • Determination of the measures relating to children
      • Help during expert appraisals (in particular when a French public notary has been nominated by the Family judge to draft a scheme concerning the share of joint / undivided property)
    • During the divorce
      • Compensatory allowance (divorce)
      • Settlement of the matrimonial property regime (joint / undivided property)
      • Award of damages
      • Spouse name
    • At the time of liquidation of the matrimonial property regime (if not carried out at the time of divorce)
      • Determination of rewards
      • Consequences of splitting, in particular:
      • Compensatory allowance (divorce)
      • Settling of the matrimonial property regime
      • Damages
  • Effects of death (inheritance law)

Violences conjugales :

  • Immediate protection order.
  • Protection order. 
  • Assistance with lodging complaints and criminal proceedings (contact with criminal lawyers familiar with this area).

Children


When it comes to children, I work hand in hand with you to deal with the following issues in particular:

  • At the time of the creation of the relationship:
    • Searching for or contesting paternity/maternity.
    • Adoption (simple or full).
    • (Partial) delegation of parental authority.

 

  • When defining / modifying the rights and duties of parents towards their children:
    • Parental authority (joint exercise, exclusive exercise, withdrawal, suspension of parental authority).
    • Residence. 
    • Financial support (fixing or reviewing the amount of the children alimony).

Personal status

  • Change of first name / surname.
  • Gender reassignment.
  • Search for or contestation of paternity/maternity.
  • Adoption (simple or full).
  • (Partial) delegation of parental authority.

Successions