Which Judge has jurisdiction in trans-European divorce cases?
Published on :
19/05/2025
19
May
May
05
2025
All domestic litigation depends on the jurisdiction of the “Juge aux affaires familiales”. In each French “Département” (French administrative division equivalent to a British county), there are generally one or two Court, grouping several “Juges” specialised in domestic issues.
If both spouses live in France, it is the Judge closest to the residence of the children who will have Jurisdiction. If there are no children, it will be the Judge of the residence of the defendant.
In trans-European cases, when one spouse lives in a EU country and the other in another, the question is more complex. This matter comes under Council Regulation No 2019/1111 of 25 June 2019. In compliance with this Regulation, spouses can sometimes have the choice between the two legal systems. The usual residence of the children will also be considered. In this delicate matter one should seek the advice of a legal practitioner.
Can an ex-spouse obtain financial compensation for the divorce ?
In France a spouse who is disadvantaged by the divorce can request pecuniary compensation called “prestation compensatoire”.
This compensation (“prestation compensatoire”) can be paid as a lump sum or as regular instalments, usually for a maximum period of 8 years, exceptionally in the form of life annuity, depending on the needs of the recipient, his age or health status.
There are no statutory calculation rules, but practitioners have elaborated methods.
For instance, 20% of the monthly difference in income between spouses multiplied by 12 month and then by 8 years.
Example:
Edward and Jillian married in England in 2015 and immediately moved to France because Edward had found a high-profile job with the French subsidiary of an international software firm located in Montpellier.
Edward earns 5000 € month. Jillian has had difficulties finding a position in Montpellier because of her bad French. She currently works as an English teacher for 3000 € month.
The couple then decided to divorce in 2025.
Jillian could expect 38.400 € compensation (2000 €*20%)*12 month*8 years
History
-
How can an owner obtain a two-year suspension of mortgage instalments?
Published on : 19/05/2025 19 May May 05 2025Firm newsFirm news / INTERNATIONAL REAL PROPERTY DISPUTES IN FRANCE
Many individual investors having acquired properties in France under leaseback programs are now facing difficulties to pay the monthly instalments of their French mortgage. T...
-
Inheritance issues for properties purchased in France
Published on : 19/05/2025 19 May May 05 2025Firm newsFirm news / INTERNATIONAL REAL PROPERTY DISPUTES IN FRANCE
Many who have purchased a property in France are concerned about the future of their property after their death. Indeed, inheritance rules differ substantially from country t...
-
Can a French bank obtain repayment of unpaid mortgage from a debtor residing in another EU country?
Published on : 19/05/2025 19 May May 05 2025Firm newsFirm news / INTERNATIONAL REAL PROPERTY DISPUTES IN FRANCE
The practice is frequently questioned by real property owners in France facing difficulties to repay a mortgage signed with a French bank. Under French law you cannot just “giv...
-
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?
Published on : 19/05/2025 19 May May 05 2025Firm newsFirm news / INTERNATIONAL FAMILY LAW IN FRANCE
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...
