Many French people reside abroad and, when the question of divorce arises, it is necessary to determine where to divorce, under which law and, as far as French law is concerned. What specific rules apply to time limits? Is it possible to divorce without moving, how to enforce the divorce decision.... The answers to these questions differ depending on whether or not the spouses live in a European Union national country.
Where to divorce ?
At least one of the spouses is a resident of the European Union
Regulation 1347/2000 of 29 May 2000 (entered into force on 1 March 2001 in all EU Member States except Denmark) determines the jurisdiction of courts in divorce matters for residents or nationals of the EEC.
According to this text, the French judge is competent when :
- both husbands are French
- both husbands reside in France
- only one spouse residing in France, but the court is seized of a joint application
- the defendant husband resides in France
- the applicant spouse resides in France instead of the last common residence
- the applicant spouse has been habitually resident in France for at least one year at the time the application is made. This period is reduced to 6 months, when the applicant spouse is of French nationality.
- the French plaintiff or Community national habitually residing in France acts on the basis of Article 14 of the Civil Code (privilege of jurisdiction), against his spouse who is neither a Community resident nor a Community national.
This list is restrictive : except in these cases, the French judge is not competent.
