Divorce: France → Russia

Where you can divorce

In the EU jurisdiction follows the Brussels II-ter Regulation: you can file where the spouses (or one of them, after a qualifying period) habitually reside, or in the country of common nationality — couples often have several forums to choose from.

France: Jurisdiction under Brussels II-ter; consensual divorce needs no court at all: two lawyers plus a notary (since 2017).

Russia: A Russian court takes the case if at least one spouse is a Russian citizen or the respondent lives in Russia; without mutual consent or with minor children the route is judicial.

The spouses live in different countries — a forum race is possible: the court seised first usually keeps the case (lis pendens). Picking the court effectively picks the division rules.

Which law governs the divorce and the assets

France: Rome III applies — the spouses can agree in writing, in advance, which law governs their divorce; that removes the uncertainty of relocations.

Russian and Kazakhstani courts likewise apply their own family law regardless of where the marriage was concluded.

The property side in the EU follows Regulation 2016/1103: by default — the law of the first common habitual residence after the wedding. A couple that started married life in one country and moved to another may be surprised to divide assets under the first country’s law.

There is no marriage contract — the default regime of each country involved will apply (see the property section).

How property will be divided

France: Communauté réduite aux acquêts: acquisitions are common, pre-marital assets and inheritances personal; entrepreneurs routinely elect séparation de biens by contract.

Russia: Community of acquisitions: everything acquired during the marriage is split equally regardless of title; pre-marital assets, gifts and inheritances stay personal.

Children and maintenance

Child disputes are heard by the courts of the child’s habitual residence (Brussels II-ter / Hague 1996) — not by the country more convenient for a parent.

Relocating with a child without the other parent’s consent triggers the 1980 Hague Convention: the child is normally returned, and the removing parent’s position suffers.

France: The prestation compensatoire is typically a lump sum rather than a life annuity; child support follows guidelines.

Russia: Child support as income shares (¼ / ⅓ / ½); ex-spouse maintenance only in narrow cases (pregnancy, a child under 3, incapacity).

How the divorce is recognised across borders

A judgment from one EU state is recognised in all the others automatically (Brussels II-ter), with no separate procedure.

The divorce has to “work” in every country the family is tied to: somewhere it is recognised automatically, elsewhere legalisation or separate proceedings are needed — otherwise you end up with a “limping” status: divorced in one country, still married in another.

France: Automatic EU recognition. Caveat: not every non-EU country recognises the French out-of-court consensual divorce — check first.

Russia: A foreign divorce is recognised in Russia without a separate procedure if jurisdiction was proper and the other spouse was duly notified (Art. 160 Family Code); documents need apostille/legalisation.

What to set up in advance

Marriage contract (prenup / postnup)

Trust

Private foundation