A common situation on the French Riviera
The Grasse area and the Côte d'Azur are home to a large international community: British, Italian, Scandinavian, American… When a binational or expatriate couple decides to divorce, two questions arise immediately: which court has jurisdiction and which law applies?
Jurisdiction rules in Europe
Within the European Union, the Brussels II ter Regulation (2019/1111) sets the jurisdiction rules. The competent court is generally that of:
- The spouses' habitual residence
- The spouses' last habitual residence, if one of them still lives there
- The respondent's habitual residence
- The applicant's habitual residence, if they have lived there for at least 1 year
Why the choice of court matters
The court seised first generally has jurisdiction (the "first seised" rule). This means that the strategic choice of when and where to start proceedings can have major consequences on the outcome of the divorce.
Which law applies?
The Rome III Regulation allows spouses to choose the law applicable to their divorce from several options (law of the habitual residence, law of the nationality of one of the spouses). Failing a choice, the law of the common habitual residence applies.
After Brexit: Franco-British divorces
Since Brexit, the Brussels II Regulation no longer applies to the United Kingdom. Questions of jurisdiction and recognition of judgments have become more complex for Franco-British couples. French and English private international law rules must now be combined.
Maître Durbec's expertise
Holding a master's degree in international law and working in English and Italian, Maître Durbec is well versed in these cross-border issues. She advises you on the most favourable strategy and, where necessary, coordinates with foreign lawyers.
For any question about a divorce with an international dimension, the office is at your disposal.