Divorce in France: legal framework, contemporary issues and international dimensions

Content:

The grounds for divorce under French law 
Financial and property-related consequences 
Cross-border and international aspects 
Tailored legal support 

With approximately 130,000 divorces granted each year, divorce in France represents a significant legal transition with profound personal, financial and family consequences. 

Beyond the dissolution of the marital bond, it raises a range of key issues: arrangements for children, liquidation of the matrimonial property regime, allocation of the family home, division of debts, and potential spousal maintenance. 

The grounds for divorce under French law 

French law recognises four types of divorce: 

  • Divorce by mutual consent: Based on a comprehensive agreement between spouses, it is generally non-judicial and formalised through a deed prepared by lawyers and filed with a notary. 
  • Divorce on accepted grounds: The spouses agree to divorce but not on its consequences, which are determined by the family court judge.
  • Divorce for irretrievable breakdown of the marriage: Available where cohabitation. 
    has ceased for at least one year, without any requirement to establish fault. 
  • Divorce for fault: Based on a serious or repeated breach of marital duties, making 
    continued cohabitation intolerable.

Financial and property-related consequences 

The economic dimension of divorce is often central to the proceedings. The liquidation of the matrimonial regime governs the division of assets, the allocation of liabilities, and the future 
of the family home. 

Spousal maintenance is intended to address disparities in living standards resulting from the breakdown of the marriage, assessed in light of criteria such as the duration of the marriage, 
professional circumstances, and respective assets.

Financial and property-related consequences 

Increasing mobility has led to a growing number of cross-border divorces involving different nationalities, multiple residences, or assets located abroad. 

These situations raise complex questions of jurisdiction and applicable law. Within the European Union, Regulation Brussels II ter (Brussels IIb) determines jurisdiction in matrimonial matters, while Rome III Regulation governs, in certain cases, the choice of applicable law.

Such cases also require careful consideration of the recognition and enforcement of foreign judgments, as well as coordination between different legal systems. 

Tailored legal support 

Divorce proceedings in France require each spouse to be represented by an independent 
lawyer, ensuring a secure legal framework.

Our firm provides dedicated support at every stage of the divorce process, combining rigorous 
legal expertise with a strategic and tailored approach, designed to safeguard your interests and 
navigate the legal, financial and family dimensions of separation with clarity and discretion. 



Author: Soraya Racette