The new French non-contested divorce and international private law

Since January the 1st, France has adopted a new easygoing form of divorce without a judge, possible when both spouses agree not only on the principle but also on the consequences of their divorce.

Here is the procedure:
All you and your spouse have to do is to each take a lawyer. You can choose any lawyer in France and you do not even have to come to France as there is no hearing, unless your child wants to be heard.

Each of the lawyers will advise his or her client, and together they will draft a divorce agreement regulating every detail of the separation. This agreement will then be signed by you and your spouse, the 2 lawyers and sent to the notary for registration. And that’s it in France!

In addition, the agreement may be drafted in your original language, as long as it is translated into French. It’s also much faster and make things easier to understand for you. This is also a great advantage when you will have to execute your divorce in your country of origin.

Speaking of execution and recognition, it is very important to chose a lawyer specializing in international family law. Your lawyer can explain to you the procedure in English and more importantly adapt the drafting of the convention of divorce to the requirements of your country of origin or country of residence. To be enforceable abroad, the French divorce must indeed fit certain conditions which can be different from one country to another. The most common conditions are (but not limited to) the justification of jurisdiction, the sound mind of the spouses at the time of signing, a fair disclosure of the assets, the equality between the spouses.

Me HOUCHET-TRAN is an attorney specialized in international family law who can help you go through your divorce proceedings easily and securely.

Do not hesitate to contact our office for more information.

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