Divorce: France → United Kingdom

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).

United Kingdom: No-fault divorce since 2022; jurisdiction rests on habitual residence or domicile. London is called the divorce capital: the weaker party recovers more here than almost anywhere.

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.

English and US courts apply their own law to the divorce (lex fori) — choosing the forum means choosing the rules.

A long marriage in England pulls the division towards 50/50 — where needs require, pre-marital and personal assets are reached too.

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.

United Kingdom: No fixed regime: the court of England & Wales divides «fairly» (s. 25 MCA 1973); for a long marriage the starting point is 50/50, and pre-marital or personal assets can be reached where needs require.

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.

United Kingdom: Spousal maintenance can be long-term (up to joint lives) — more generous than most countries; child support follows the CMS formula.

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.

United Kingdom: English orders are widely recognised; financial orders over foreign assets are enforced where the assets sit — sometimes via separate proceedings.

What to set up in advance

Marriage contract (prenup / postnup)

Trust

Private foundation