When a family has connections with several States, a separation, divorce or dispute concerning children may raise complex legal questions: which court has jurisdiction? Which law should apply? How can a French decision be recognised abroad, or a foreign decision in France?
LEGALCY AVOCATS CONSEILS assists couples of foreign nationality, binational couples, French nationals living abroad, families living between several countries and people facing cross-border family disputes.
LEGALCY AVOCATS CONSEILS assists couples of foreign nationality, binational couples, French nationals living abroad, families living between several countries and people facing cross-border family disputes.
Jurisdiction, applicable law and recognition of decisions
International family cases first require the competent court and applicable law to be determined.The firm analyses French and European rules, international conventions and, where necessary, the foreign law applicable to the situation.
These issues may concern divorce, separation, parental responsibility or inheritance.
Another difficulty may arise when a decision has been issued abroad and must produce effects in France. Conversely, a French judgment may need to be recognised or enforced in another State.
The firm assists you with the recognition, exequatur and enforcement of foreign decisions, as well as with preparing the recognition of a French judgment abroad.
Several courts in different countries may have jurisdiction over the same case. It therefore becomes essential to determine as quickly as possible before which court your rights are most likely to be defended and respected. The answer to this key question depends on the circumstances of each spouse and the various legal systems that may potentially be seized. It requires your lawyer to have access to an available and competent international network capable of analysing how your situation would be handled before a potentially competent foreign court and comparing it with France, so as to choose the most favourable option. Our firm is able to carry out this essential work for you.
Divorce and separation with an international dimension
An international divorce may involve two people of different nationalities, spouses living in different States or French nationals residing abroad.The firm identifies the competent jurisdiction and examines the rules used to determine the applicable law.
The international dimension of a divorce may also have consequences for maintenance obligations, the compensatory allowance or the liquidation of matrimonial property interests when the spouses own assets in several States.
When proceedings are brought in several countries, their coordination must be anticipated.
The firm may also act as an expert before a foreign judge when it is necessary to determine the content of the applicable French law.
Children, international mobility and cross-border disputes
When a child lives between several countries, determining their habitual residence is a decisive issue.International travel may also become contentious when one parent moves the child without the other's consent.
The firm handles proceedings relating to the unlawful international removal of a child, including return mechanisms provided for by applicable international conventions.
Contact and overnight access arrangements must also be adapted when parents live in different countries: organisation of travel, holiday periods, transport and allocation of costs.
The firm assists you with the recognition and enforcement abroad of French decisions relating to parental authority and contributions towards the maintenance and education of children.
PRIVATE INTERNATIONAL FAMILY LAW FAQ
Which court has jurisdiction over an international divorce?
The answer depends in particular on the spouses' habitual residence, their nationality and the applicable European or international rules.
How can a foreign judgment be recognised in France?
Depending on the nature of the decision and the State concerned, specific formalities may need to be completed or exequatur proceedings may need to be initiated.
I live abroad; can I be assisted by a private international family lawyer in Angoulême or Paris?
Yes. The firm regularly assists French expatriates, binational couples and families with interests in several countries throughout France, as well as in the French overseas territories.