Enforcing a Foreign Divorce Judgment in France: The Exequatur Procedure
Published on :
16/07/2025
16
July
Jul
07
2025
If a foreign court has issued your divorce judgment, and you now need to enforce that decision in France—for example, to manage property located in France or to exercise parental rights over a child residing in France—you may need to initiate a legal process called exequatur.
1. When Is Exequatur Required?
If the divorce was pronounced by a court in an EU Member State, enforcement in France is generally simplified thanks to mutual recognition mechanisms.
However, assistance from legal professionals such as a bailiff (Commissaire de Justice) is still necessary to proceed. If the divorce was pronounced by a court outside the EU, then enforcement in France is only possible after obtaining exequatur, which requires approval from a French judge.
2. Conditions for Exequatur in France
Under French private international law, a foreign judgment may be granted exequatur if the following three conditions are met:
- Jurisdiction: The foreign court must have had appropriate jurisdiction under international rules.
- Compliance with French international public policy: The judgment must not contradict essential principles of French public law.
- Absence of Fraud: The foreign judgment must not have been obtained by fraud.
3. Key Legal Precedent: Cour de Cassation, 7 May 2025
In a recent ruling, the French Supreme Court ("Cour de Cassation") emphasized the importance of the fraud criterion.
Facts of the case
Two spouses, married in Germany in 1988, divorced in France in 2014.
The French court awarded the ex-wife financial compensation.
In 2016, the ex-wife obtained an additional judgment from a German court granting her a compensatory pension.
She then sought to enforce the German ruling in France.
Courts' findings
Both the first-instance court and the appellate court refused enforcement, ruling that the German decision was obtained by fraud.
The ex-wife had failed to disclose the earlier French judgment, which had already addressed pension rights.
The ex-wife had failed to disclose the earlier French judgment, which had already addressed pension rights.
The deliberate omission misled the German court and resulted in double compensation for the same issue.
Conclusion of the Court of Cassation
The fraud did not result from legal manipulation, but from knowing concealment of facts.
The German judgment was denied exequatur in France.
Need Legal Assistance?
If you need to enforce a foreign family law judgment in France, or wish to challenge an attempt to enforce a foreign decision through exequatur, please contact our practice. We can assist with all aspects of international family law enforcement in France.
History
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Enforcing a Foreign Divorce Judgment in France: The Exequatur Procedure
Published on : 16/07/2025 16 July Jul 07 2025Firm newsFirm news / INTERNATIONAL FAMILY LAW IN FRANCE
If a foreign court has issued your divorce judgment, and you now need to enforce that decision in France—for example, to manage property located in France or to exercise paren...
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How are matrimonial assets be liquidated in case of divorce?
Published on : 19/05/2025 19 May May 05 2025Firm newsFirm news / INTERNATIONAL FAMILY LAW IN FRANCE
Unlike many common law countries, property purchased after marriage with funds belonging exclusively to one spouse will remain the separate property of this spouse. Typically, t... -
Which Judge has jurisdiction in trans-European divorce cases?
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All domestic litigation depends on the jurisdiction of the “Juge aux affaires familiales”. In each French “Département” (French administrative division equivalent to a British c...
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How long does it take to divorce?
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The average duration of a divorce is about 12 months. Duration will strongly vary depending on : the location of the Court (outcome tends to be more rapid in small rural courts...
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What happens to matrimonial assets and debts after divorce?
Published on : 19/05/2025 19 May May 05 2025Firm newsFirm news / INTERNATIONAL FAMILY LAW IN FRANCE
Matrimonial assets (money on bank accounts, furniture, vehicles, former matrimonial home) and debts (rent areas, taxes due, short fall of mortgage) will be dealt with separately...