9
Mar
2018
0

French Courts’s Jurisdiction over your Divorce

Under French Law, and due to the application of several EU Regulations, French Courts’ jurisdiction should be analysed separately regarding each aspect of a divorce (ground for divorce, winding up of matrimonial regime, spousal support, compensatory benefit, parental responsibility, alimony, etc.).
In other words, French Court could have jurisdiction over your divorce but not over parental responsibility and alimony.

On another note, the French Courts will not necessarily apply French Law. As explained above, the applicable law should be determined for each matter (see the relevant article on that aspect: Applicable Law to Divorce).
In matters relating to divorce, legal separation or marriage annulment, French Court Jurisdiction is ruled by EU Regulation on Council Regulation (EC) No 2201/2003 of 27 November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility, repealing Regulation (EC) No 1347/2000 (Hereafter designated as Brussels II a Regulation).

According to article 3 of Brussels II a Regulation, French Court could have jurisdiction to pronounce a divorce if one of the following criteria is met:
• the spouses are habitually resident in France, or
• the spouses were last habitually resident in France, insofar as one of them still resides there, or
• the respondent is habitually resident in France, or
• in the event of a joint application, either of the spouses is habitually resident in France, or
• the applicant is habitually resident in France if he or she resided there for at least a year immediately before the application was made, or
• the applicant is habitually resident in France if he or she resided there for at least six months immediately before the application was made and is either a French national;
• both spouses are French nationals.

Additionally, if no other EU Member States has jurisdiction over your divorce and your spouse is not a EU citizen, you can file a divorce in France if you or your spouse is a French national (articles 14 and 15 of French Civil Code).

Due to the current system, several courts of different countries could have jurisdictions on the same divorce and, consequently two divorce proceedings can be brought in two or more different States.

For example, if spouses are both UAE citizens but currently living in France. French Court will have jurisdiction but eventually UAE Court would also accept to take jurisdiction over their nationals.

According to French Law, when having paralleled proceedings before different Courts, French Courts will rule the divorce, in principle, if it has been seized first. And it will normally stay the proceeding if it has been second seized.

One must be aware that anyway French Court when no other EU Member Courts are involved, could decide discretionary not to stay its proceedings, if it considers for example that before the other State Courts, the French Public Policy Requirements will not be met (equality between man and woman, due process etc.)

These rules generate what we called a “rush to Court”.

Therefore, it is paramount when you made up your mind and you have irretrievably decided to divorce or when you feel that your spouse is about to file for divorce, to seek legal advice rapidly.