French-English divorce and family matters

The ties between our closest neighbour remain extremely strong and there are many couples where cross-border French-UK issues arise.  You may be a French national living in the UK, an English national living in France or you may be living here and hold assets in France.  You may be embarking on a marriage or civil partnership and considering a pre-nuptial agreement or contrat de marriage, or at the ending of a relationship when considering separation or divorce.  If these factors apply to you, we are able to offer the specialist advice which is required.

English and French Pre-Nuptial Agreements/Contrats de Mariage

English pre-nuptial agreements are very different from their French counterparts, known as contrats de mariage, or marriage contracts. Not only are they different in their format, but they may well be given different weight by the English courts on a later divorce.   Therefore, if you have a French pre-nuptial agreement or contrat de mariage and are now living in England, you may wish to seek advice on entering into a post-nuptial agreement if you wish to ensure that the terms of the original French agreement stand the best possible chance of being upheld on divorce.

English-French divorce and separation

If considering divorce, it will be hugely important to obtain advice as to where you would be best placed for proceedings to be issued. You may have a choice as to whether to issue in England & Wales or in France.  The financial outcome of issuing proceedings for divorce in England & Wales as against France can be vastly different.  For example, if proceedings are issued in France and there is a séparation de biens marriage contract (providing for your assets to be held separately), the financially weaker party may find that they have very little by way of financial provision on divorce.  If proceedings were instead issued in England and the finances considered here, the marriage contract would only be one of the factors to be considered and the needs of the parties would be likely to take centre stage when determining the division of assets. 

English-French children issues

Unlike divorce, the law applying to children tends to be governed by the country in which the children are habitually resident.  Therefore, even if you are both French nationals but are living as a family in England, it will be English law that will apply.  On separation, if either parent wishes to take the children to France, they will need the other’s consent, whether this is for a holiday or family visit, or whether this is with the intention of moving there permanently. You can find out more information here

Our specialist solicitors are able to advise as to the options available to you in this complex area. Alternatively, our highly regarded mediators are able to offer cross-border mediation to work with you and your partner to assist in finding the best solution for you and your family.