Anglo-French Divorce: Jurisdiction Guide

Yael Selig

Anglo-French Divorce: which jurisdiction is right for you?

It has been a year since we launched our Anglo-French department in Hampstead and what a year it has been!

We have advised and continue to advise a substantial number of clients with connections to both France and England. Most of them have been confronted with the ever-important question of “What is the jurisdiction of choice?”.

Parties in these situations may have to decide where they wish to file their Divorce application if both France and England have jurisdiction and can therefore deal with their divorce and financial consequences flowing from that.

Please see our useful guide below which is a useful tool-kit to have to hand when faced with this dilemma.

French Jurisdiction

France is inevitably a preferable jurisdiction for the financially stronger party as the law in France is formulaic, meaning that the strict rules of the matrimonial regime chosen by the parties apply to the division of capital between the spouses upon divorce and there is barely any flexibility. The rigour of the matrimonial property regime is only balanced by the prestation compensatoire (a lump sum due by one spouse to the other upon divorce to compensate for a significant change in the standard of living).

English Jurisdiction

By way of contrast, England is a discretionary jurisdiction. Family judges have a great deal of discretion compared to other jurisdictions, including France, and settlements tend to be more favourable to the financially weaker party. The Courts want to ensure that the capital and income needs of both parties are met fully and can be very creative when it comes to dividing the capital.

England is referred to as the “Divorce Capital” of the world. This means that it is generous to spouses who are financially weaker. The courts will seek to ensure that a fair result is achieved.

English divorces tend to be quicker than French divorces. In England, the divorce and financial proceedings are kept separate even though they run parallel. It is possible to get through the end of the divorce process in 6 months, although it is encouraged to wait for the final financial order to apply for the final order of divorce. There is also no automatic right to appeal under English law (contrary to French law). If a party is not satisfied with the financial order pronounced by an English judge, they have to get permission to appeal and there are limited grounds.

Inevitable Jurisdiction Disputes

The international dimension adds a layer of complexity to the divorce and often requires quick thinking and acting expeditiously from the outset. We are well-equipped to advise our clients to make the best decisions for them and navigate them through the challenges of an Anglo-French divorce.

We have developed strong relationships with a significant network of French experts (notaires, avocats, etc.), with whom we liaise regularly throughout the entire process: both at the outset to help our client decide which jurisdiction is the most advantageous for them to file for divorce (if the choice is open to them), and during the process until the end when it comes to enforcing a financial order, etc.

How Can We Help?

If you are considering a divorce and have connections to both England and France, please do not hesitate to contact us. Yael Selig is a partner in our family team and head of the Hampstead office, with over 30 years’ experience in international divorces and jurisdiction issues. Victoria Plisson is our French speaking family lawyer in the firm’s Anglo-French department and works mostly on Anglo-French cases.

Other services in French

We are delighted to announce that our French team has expanded with the arrival of Leopoldine (Leo) Mineo who has joined our Litigation Team.

Leo is a native French speaker with dual nationality who qualified as a Solicitor in the UK and deals with Property disputes.

We understand that it is extremely difficult and stressful to deal with contracts that are not in your native language and in another country with different customs and rules. This is especially true given that English law is less protective than French law when it comes to leases, tenancy agreements and contracts in general.

Leo can assist landlords and tenants with property issues such as evictions, contractual breaches or disrepair. If you face a property dispute and need to receive legal advice from a native French speaker, please feel free to contact Leo.

You can also contact us by filling in our online enquiry form below.