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Separation

Divorce is one of the hardest decisions a person will make in their life, especially if you have children. Divorce also has important financial and property consequences.

 

The courts of your country of residence will often have jurisdiction.

 

French courts will also frequently have jurisdiction to pronounce your divorce when:

  • Both spouses live in France,

  • One of the two spouses lives in France,

  • When at least one of the two spouses is of French nationality, even if neither of the two spouses reside in France.

 

In France, there are two types of consensual divorce:

 

Divorce by mutual consent: the two spouses have reached an agreement on the principle and on all the consequences of the divorce. It's a very quick divorce.

Divorce accepted: the two spouses agree to divorce but disagreements remain regarding the consequences of the divorce, which the judge decides.

 

One of the spouses can also ask for a divorce for misconduct, such as adultery, conviction of the other spouse for a crime, alcohol or drug abuse, violence, etc.

 

When no fault can be blamed and when the other spouse does not consent to divorce, the applicant spouse may request a divorce for permanent alteration of the marital bond, materialized by an effective separation of at least one year.

 

Which jurisdiction to choose? What are the implications in terms of cost, time, strategy? What if two cases are pending in 2 different countries at the same time?

 

Your lawyer specializing in International Family Law will advise you before filing the case and can assist you throughout your separation.

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Explanatory booklet

Uncontested divorce - Mutual consent

Explanatory booklet

Judicial divorce

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