Marriage abroad, divorce in France: what does the procedure involve?
Marriage and divorce today play out in an increasingly international context, giving rise to a whole range of situations the legislator has had to address:
What is your international marriage situation?
Here are the four most common situations in practice:
01
A French and a foreign national married in France
The marriage was celebrated directly on French territory.
02
A French and a foreign national married abroad
The marriage was then recorded on the French civil-status registers.
03
Two French nationals married abroad
The marriage was also recorded in France. Do you agree on everything? See divorce for French expats, without travelling to France.
04
Two foreign nationals married in France
The marriage was celebrated in France between two foreign nationals.
Even where the French court has jurisdiction, it may still have to apply foreign law to the divorce itself. This is the case, for instance, for two Moroccan spouses: under the 1981 Franco-Moroccan convention, their divorce is in principle governed by Moroccan law, subject to public policy. Measures concerning children living in France, however, are in principle governed by French law (Hague Convention of 19 October 1996), and maintenance follows its own rules.
So in a divorce with a foreign element, two separate questions must be settled: which court has jurisdiction, and which law applies to the divorce claim.
The divorce claim: the applicable rules
The rules on the French court's jurisdiction and on the applicable law apply to every divorce granted by a judge: court-approved mutual-consent divorce, accepted divorce, divorce for definitive breakdown of marital life, and divorce for fault.
I. Jurisdiction of the French court
Jurisdiction of the European courts is governed by Article 3 of Regulation (EU) 2019/1111 of 25 June 2019, known as "Brussels II ter", applicable since 1 August 2022 (it replaced the 27 November 2003 "Brussels II bis" regulation for all proceedings started since that date). Article 3 states that jurisdiction lies with the court of the State on whose territory:
- the spouses' habitual residence is located, or
- the spouses' last habitual residence was located, provided one of them still resides there, or
- the defendant's habitual residence is located, or
- in the case of a joint application, either spouse's habitual residence is located, or
- the applicant's habitual residence is located, if they have resided there for at least one year immediately before the claim, or
- the applicant's habitual residence is located, if they have resided there for at least six months immediately before the claim and are a national of that Member State.
Jurisdiction also lies with the court of the Member State of the spouses' common nationality.
Residence is assessed on the date the court is seised.
Example: a marriage between a French national and a Spanish national. Their habitual residence is still established in Perpignan on the date of the claim. As a result, the French court has jurisdiction.
If your case does not fall within any of the situations in Article 3 of Brussels II ter, Article 6 of the regulation ("residual jurisdiction") applies, allowing each Member State's own law to determine jurisdiction where no Member State court otherwise has it.
In France, this allows the application of Article 1070 of the Code of Civil Procedure, which sets out the territorial jurisdiction of the family court judge (JAF), or Article 42, under which the competent court is that of the defendant's place of residence.
Article 6(2) makes the grounds in Articles 3, 4 and 5 exclusive: a spouse who resides in, or is a national of, a Member State can be sued before the courts of another Member State only on those grounds.
Residual jurisdiction also allows a French citizen, as claimant, to rely on Article 14 of the Code civil to bring the case before the French courts — but only against a defendant who neither resides in nor is a national of a Member State. Conversely, a French court can hear a claim against a French defendant under Article 15 of the Code civil.
In short: the French court cannot rely on its national rules against a defendant who resides in, or is a national of, another EU Member State, even if the claimant is French.
A divorce pronounced in France is not necessarily governed by French law.
Several situations must be distinguished: claims filed before 21 June 2012; the application of a bilateral treaty; and claims filed after 21 June 2012.
II. The applicable law
Regulation No. 1259/2010, "Rome III", has applied since 21 June 2012. It was adopted on 20 December 2010 to implement enhanced cooperation on the law applicable to divorce and legal separation.
Before this regulation, Article 309 of the Code civil applied French law where both spouses were of French nationality, where both were domiciled in France, or where no foreign law claimed jurisdiction while the French courts had it. In short: this article now applies only to proceedings started before 21 June 2012. Since that date, the "Rome III" regulation applies (see below).
France has bilateral treaties with several countries governing divorces between French nationals and nationals of the other country, the main ones being:
- the Franco-Moroccan convention on personal and family status and judicial cooperation, signed 10 August 1981, in force since 13 May 1983;
- the Franco-Polish convention on applicable law, jurisdiction and enforcement, signed 5 April 1967, in force since 1 March 1969.
The principle is the same for both: the applicable law is that of the State of the spouses' common nationality, or failing that, the law of the State of their common (or last common) residence.
| Franco-Polish | Franco-Moroccan | |
| Signed | 5 April 1967 | 10 August 1981 |
| In force since | 1 March 1969 | 13 May 1983 |
In short: if your spouse is Moroccan or Polish, the relevant bilateral treaty applies first and generally displaces the Rome III regulation as regards the applicable law.
Tunisia and Algeria: France has judicial-cooperation treaties with Tunisia (1972) and Algeria (1962, 1980), but they contain no conflict-of-laws rule specific to divorce. For a Franco-Tunisian or Franco-Algerian couple, the applicable law is therefore governed by the Rome III regulation — usually the law of the spouses' common habitual residence (French law for a couple settled in France).
Claims filed after 21 June 2012 are governed by the "Rome III" regulation, whose Article 19 gives priority to any applicable bilateral treaty. Failing a treaty, Article 5 lets the spouses choose the applicable law, provided it is the law of their residence (at the time of the choice or previously, if one still resides there), the law of either spouse's nationality, or the law of the court seised.
Failing a treaty or a choice of law, Article 8 applies the law of the State of the spouses' habitual residence at the time the court is seised, failing that their last habitual residence (if it ended less than a year before and one spouse still resides there), failing that their common nationality, or failing that the law of the court seised.
In short: absent an applicable treaty or a choice by the spouses, it is in practice usually the law of the country where the spouses live that applies to their divorce.
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III. Mutual-consent divorce by a lawyers' deed: problematic with a foreign element
Mutual-consent divorce by a lawyers' deed is an out-of-court divorce, since there is no longer any appearance before the family court judge — the agreement is drafted by the spouses' lawyers and deposited with a notary.
To date, few countries recognise this out-of-court divorce, which can cause difficulties recording it in the spouses' country of origin. Within the EU (except Denmark), the situation has improved significantly since 1 August 2022: this divorce now circulates without any special procedure, on production of a European certificate, provided the French courts had jurisdiction over the divorce.
| A quick overview of certain States (based on our information as of October 2026) | |
|---|---|
| Since 1 August 2022, Regulation (EU) 2019/1111 ("Brussels II ter") allows recognition without any special procedure of this divorce in the other EU Member States (except Denmark), on two conditions: the French courts must have had jurisdiction over the divorce under the regulation (for instance, the spouses' habitual residence in France or common French nationality), and the certificate provided for in its Article 66 must be produced. This certificate is issued by the president of the judicial court (tribunal judiciaire) for the area where the agreement was deposited with the notary. Recognition can still be refused, in particular where it would be manifestly contrary to the public policy of the State concerned. | |
|
Countries recognising the French no-judge divorce (outside the EU):
|
Countries not clearly recognising it:
|
For the United States, recognition remains uncertain and varies by state: checking with the relevant consulate or embassy beforehand is essential for any country not listed above.
Before starting a mutual-consent divorce by a lawyers' deed in France, it is worth checking whether it will be recognised in the country of your nationality, to avoid any difficulty later, including with the transcription procedure once recognition is confirmed.
IV. Having a divorce granted abroad recognised in France
Where the divorce was pronounced in another EU State (except Denmark), it is recognised automatically in France, without any procedure, under the "Brussels II ter" regulation, on production of a copy of the decision and the certificate provided for by the regulation.
Where the divorce was pronounced outside the EU (or in Denmark), the foreign decision generally takes effect in France on personal status without exequatur, but its validity can be reviewed: under any applicable bilateral treaty (Morocco, Algeria, Tunisia…) or, failing that, against three conditions set by the Cour de cassation (1st civil chamber, 20 February 2007, Cornelissen): the jurisdiction of the foreign court, compliance with international public policy, and the absence of fraud. An exequatur procedure remains necessary to enforce ancillary measures (support, division of assets) in France, or in case of dispute.
To update French civil-status records: for a divorce granted in the EU (except Denmark), apply directly to the registrar holding the marriage certificate (the town hall of the marriage, or the central civil registry service in Nantes for a marriage celebrated abroad). For any other divorce, the public prosecutor must first check that it is valid in France (in Nantes if the marriage was celebrated abroad).
The other effects of an international divorce
Three further aspects follow their own rules on jurisdiction and applicable law:
The matrimonial regime
Division of the matrimonial regime follows its own rules on jurisdiction and applicable law, distinct from the divorce itself. We advise on the division of matrimonial assets after divorce.
Parental authority
Questions of the children's residence and the exercise of parental authority most often also fall under Brussels II ter, independently of the court with jurisdiction for the divorce itself.
Maintenance obligations
Child support and other maintenance obligations between spouses or towards children are governed by their own rules on jurisdiction and applicable law.
Residence permits
For a foreign spouse living in France, divorce can weaken the right to remain, depending on its legal basis and how long it has been held.
Every international marriage situation is unique — please contact DAF Darmon Avocats Famille for a personalised review of your file.
International divorce: frequently asked questions
Since 1 August 2022, Regulation (EU) 2019/1111, "Brussels II ter" (which replaced "Brussels II bis"), governs jurisdiction. The competent court is that of the State of: the spouses' habitual residence; their last habitual residence, if one of them still lives there; the defendant's habitual residence; either spouse's habitual residence, for a joint application; the applicant's habitual residence, after one year there (six months if they are a national of that State); or the spouses' common nationality.
If none of the criteria in Article 3 of Brussels II ter designate a competent EU court, Article 6 of the regulation (residual jurisdiction) refers back to each Member State's domestic law. In France, this allows Articles 1070 and 42 of the Code of Civil Procedure to apply, as well as, for French citizens, the jurisdictional privilege under Articles 14 and 15 of the Code civil, provided the defendant neither lives in nor is a national of another EU Member State.
Before the "Rome III" regulation took effect on 21 June 2012, the law applicable to an international divorce was determined by Article 309 of the Code civil, which applied French law where both spouses were French, where both were domiciled in France, or where no foreign law claimed jurisdiction while the French courts had it.
As regards the law applicable to the divorce, generally yes. France has bilateral treaties, notably with Morocco (1981) and Poland (1967), that in principle take priority over the Rome III regulation. Jurisdiction and recognition between EU Member States, however, are governed by the Brussels II ter regulation. These treaties generally apply the spouses' common national law, or failing that, the law of their common residence.
For any claim filed since 21 June 2012, the "Rome III" regulation applies: it gives priority to existing bilateral treaties (except between two States that both take part in the regulation), then to the spouses' choice of applicable law, and failing that, to the law of the spouses' common habitual residence or common nationality.
A divorce pronounced in another EU State (except Denmark) is recognised automatically in France, without any procedure, on production of the decision and the certificate provided for by Brussels II ter. A divorce granted outside the EU (or in Denmark) generally takes effect on personal status without exequatur, subject to a review of international regularity (jurisdiction of the foreign court, compliance with public policy, absence of fraud); an exequatur procedure remains necessary to enforce ancillary measures. To update French civil-status records, an EU divorce (except Denmark) is entered directly by the registrar holding the marriage certificate; any other divorce must first be checked by the public prosecutor.
It is legally possible, but often inadvisable where there is a foreign element. Mutual-consent divorce without a judge, a French-law creation, is recognised in only a limited number of countries: if the relevant State does not recognise it, the divorce cannot be recorded on that country's civil-status registers and the agreement risks being unenforceable abroad. Recognition should therefore be checked country by country. The situation is different for two French spouses living abroad who mainly need a divorce valid in France: they can divorce without a judge, with the signing at our offices in Dubai or Morocco.
"He has great human qualities, but above all he is a very intelligent, highly knowledgeable advisor."
"Throughout my divorce (1 year) he was available around the clock, evenings, weekends, even during holidays."
"You were there to smooth things over just as much as when we needed to be defended."
"Excellent support despite the distance (Australia/Paris) and the language barrier."
"Maître Darmon is caring and attentive throughout the whole procedure."
"He has great human qualities, but above all he is a very intelligent, highly knowledgeable advisor."
"Throughout my divorce (1 year) he was available around the clock, evenings, weekends, even during holidays."
"You were there to smooth things over just as much as when we needed to be defended."
"Excellent support despite the distance (Australia/Paris) and the language barrier."
"Maître Darmon is caring and attentive throughout the whole procedure."
