With more than 250,000 Brits living in France and more heading across the border all the time, this particular retirement and expatriating destination is certainly popular. Living in France however, is a little different than life in the UK. Once you’re settled in and have taken in the sights, the flavours and the incredible culture, real life is bound to hit. For some, this means finding a job or hobby, falling in love and even getting married. In short, settling into a comfortable daily routine. For others however, a troubled marriage that originated in the UK might find itself at the breaking point whilst the couple lives in France.
Getting a divorce in France, or in any other country outside the UK for that matter, can present a tough challenge to say the least. It is possible to get through the ordeal. The biggest obstacle lies in deciding what court system holds sway over the proceedings though.
Let’s look at the possibilities if both partners are UK citizens.
If both partners are UK citizens and have not filed for French residency as of yet, proceedings should take place in the UK. Whilst this might involve travel expenses, it can reduce other potential trouble spots. If property has been purchased, it can help greatly if both parties can bring an agreement to the table for its disposal, division or even a buy out of interests.
Should the partners remain British citizens, but have French residency, they will have a choice. Under European Union rule, it is permissible for action to be filed in either the UK or France in this situation. If the divorce proceedings are handled within the French courts, the couple will need to deal with French procedures, legal counsel and the potential for a major language barrier.
French laws guiding divorce are a little more lenient than those found in the UK, however. This could make dealing with the language barriers appeal to both partners. In France, for example, divorce is grantable if both parties give their consent. In the UK, the only ground for divorce is a complete breakdown of the marriage.
Property issues can also dictate which jurisdiction a couple finds is more suitable for their divorce. In the UK, property is typically split down the middle with a judge making adjustments as necessary to accommodate current needs and circumstances of the partners. The French system tends to put more weight on pre-nuptial or post-nuptial agreements, if these are in place. In either case, if it is at all possible partners can help themselves out by trying to work out a compromise about property settlement in advance.
Under the most ideal of circumstances, getting a divorce is a tricky proposition. If living in France and filing for divorce becomes a necessary step, it makes a great deal of sense for both parties to try and play nice. In many cases, it is simply easier and more efficient to return home for filing and the subsequent proceedings.
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