Many expatriates believe that French law ceases to apply the moment they leave France. In reality, international family situations are often far more complex—and French law frequently remains applicable. Maître Yoram Cohen, an attorney experienced in cross-border cases, answers the 15 most common questions.
Can I get divorced in France while living abroad?
Yes, in many cases. The jurisdiction of French courts does not solely depend on your current place of residence. It is evaluated based on several criteria:
- Your nationality and that of your spouse
- Your habitual residence
- Your last common residence as a married couple
Which country has jurisdiction to grant my divorce?
This is one of the most critical strategic questions. Multiple jurisdictions can sometimes have concurrent jurisdiction. However, the choice of the country in which you initiate proceedings can have significant consequences on:
- The compensatory allowance (spousal support) and its amount
- The child support
- The division of marital assets
- The arrangements regarding the children
Can I divorce without traveling back to France?
In many cases, yes. Cross-border proceedings are now largely digitized. Communications with your attorney can be handled entirely remotely, and certain hearings can be conducted without physical travel.
This option is particularly valuable for expatriates for whom traveling back to France would involve substantial costs or professional constraints.
Which law applies to my divorce?
Being French does not automatically mean that French law applies. Depending on the circumstances, the divorce may be subject to:
- French law
- The law of the country of residence
- Another legal system designated by private international law rules
Can I obtain a mutual consent divorce from abroad?
Very often, yes. An uncontested divorce is precisely one of the procedures best suited to expatriate situations: it avoids costly travel, can be carried out entirely online, and is resolved much faster than contested divorce proceedings.
If you and your spouse agree on the principle of divorce and its consequences (children, property, support), this is the preferred route. Learn more about mutual consent divorce →
How is the children's residence determined?
The primary criterion remains the best interests of the child, regardless of the court involved. In cross-border cases, judges specifically examine:
- The child's living environment and education
- Their family and social ties
- Their emotional and geographic stability
Each situation is assessed on a case-by-case basis. There is no automatic solution.
Can I relocate to another country with my child?
Not necessarily. When both parents share joint parental authority—which is the default under French law—moving abroad with the child requires:
- The consent of the other parent, or
- Authorization from the family court judge
What should I do if my ex-spouse refuses to let me see my child?
Legal procedures exist to enforce your rights, even across borders. Depending on the circumstances, it is possible to:
- File an application with the competent court to obtain an enforceable order
- Seek recognition of a French court order abroad
- Initiate international cooperation procedures
My child was taken abroad without my consent. What should I do?
This may constitute international parental child abduction—a situation that triggers specific, urgent legal remedies.
The Hague Convention of 25 October 1980 provides, in many cases, a mechanism to secure the prompt return of the child to their country of habitual residence, provided the destination country has ratified it.
Which court has jurisdiction over disputes concerning children?
It generally depends on the child's habitual residence at the time proceedings are initiated. This issue is often the primary strategic factor in an international case: the outcome governs the entire trajectory of the proceedings.
It is sometimes necessary to act before the situation becomes entrenched, in order to influence the determination of the competent court.
Is a French child support or alimony order valid abroad?
Yes, in many countries. French court orders can be recognized and enforced abroad through various international cooperation mechanisms, including:
- European regulations (within the EU)
- Bilateral treaties between France and specific states
- Exequatur proceedings in third-party countries
An attorney can guide you through the process to make your French court order enforceable in the debtor’s country of residence.
Can I obtain child support from a parent living abroad?
Yes. Legal mechanisms exist to secure child support payments when the paying parent resides outside France. The other parent's location abroad does not deprive you or your children of your rights.
How are assets located in multiple countries divided?
The liquidation of matrimonial property regimes involving assets in multiple countries is among the most complex areas of private international law. Several legal frameworks may apply concurrently depending on the nature and location of the assets.
Real estate, bank accounts, corporate shares, savings plans… each asset category may be governed by a different legal regime depending on the country where it is located. Specialized legal assistance is essential.
Is my marriage performed abroad recognized in France?
In most cases, yes—provided that specific formalities were duly observed. In particular, transcribing the marriage onto the French civil status registers may be required.
Why consult a lawyer experienced in international cases?
Cases involving multiple countries raise specific legal issues that leave no room for improvisation:
- Jurisdiction of the courts: identifying the court or courts that have jurisdiction to hear your case
- Applicable law: determining which legal system governs your situation
- Recognition of decisions: enforcing a foreign judgment in France, and vice versa
- Cross-border enforcement: securing the actual payment of support or compliance with a court ruling
- International cooperation: leveraging legal frameworks such as the Hague Convention
Are you reaching out from…
Summary: Key takeaways for expatriates
Distance does not deprive you of your rights. French law often remains applicable to French expatriates, and many legal proceedings can be handled entirely remotely. However, cross-border cases require a thorough preliminary analysis: court jurisdiction, applicable law, recognition of judgments... all critical questions that directly shape your overall legal strategy.
Located in Bourg-la-Reine (Hauts-de-Seine), the law office of Maître Yoram Cohen regularly assists French citizens living abroad in family law, international divorce, and parental rights matters. View our dedicated expatriate rights page →
Are you an expatriate in need of legal counsel?
Let’s discuss your situation today.
Remote Consultation · Initial Consultation for €156 · Response within 24h