Divorce is hard enough on its own. Going through it as an expat adds a layer of complexity most couples are completely unprepared for: several countries may claim jurisdiction, different laws may apply depending on which court you file in, and child custody issues cross borders that international law does not simply erase. This guide walks through the key rules for couples living abroad or where one spouse holds a foreign nationality, with a particular focus on the European framework and situations outside the EU.

The international divorce puzzle

Why multiple countries can claim jurisdiction

Unlike a purely domestic divorce, an international divorce raises a question most couples never see coming: which court has jurisdiction? The answer depends on several factors: the habitual residence of both spouses, the habitual residence of the respondent, the last common habitual residence, the domicile or nationality of the parties.

Within the European Union, these criteria are harmonised by the Brussels II ter Regulation (EU 2019/1111, applicable since 1 August 2022), which establishes a clear hierarchy of competences between member states. Outside the EU, each country applies its own private international law rules, which can create jurisdictional conflicts or, conversely, a situation where no court is clearly designated.

“Forum shopping” means strategically choosing the country in which to file for divorce, based on which rules apply there. It is not illegal: it is a reality of private international law. A concrete example: on the question of compensatory allowance (prestation compensatoire), a French court will apply French law, while a Spanish court will apply Spanish law, even if both spouses are French nationals living in Spain.

The first-in-time rule is fundamental within the EU: the court first seised is generally competent, and other courts must decline jurisdiction. This can sometimes trigger a race to the courthouse between spouses. In practice, as soon as separation becomes a real prospect, consult a lawyer specialising in international family law before the other party files proceedings abroad.

Jurisdiction: where can you divorce?

In the European Union (Brussels II ter)

Brussels II ter provides an alternative list of grounds for jurisdiction. Divorce proceedings may be brought before the courts of the member state:

  • where the spouses have their common habitual residence at the time the application is made;
  • where their last common habitual residence was, provided one of them still lives there;
  • where the respondent has their habitual residence;
  • where the applicant has their habitual residence, if they have lived there for at least one year (or six months if they are a national of that state);
  • of which both spouses are nationals (or domiciled, for common law countries).

These grounds are alternative: once a court of a member state is validly seised, it has jurisdiction. Official information on this regulation is available on the e-Justice Europa portal.

Outside the European Union

Outside the EU, there is no unified instrument. Each country determines its own jurisdiction under national law. In France, French civil courts have jurisdiction notably when one spouse holds French nationality (Articles 14-15 of the Civil Code). This means a French expat living outside the EU can still divorce in France even if they no longer reside there.

For situations involving non-EU countries, local legal advice is essential. Some states (particularly in the Middle East or parts of Asia) do not recognise foreign divorce judgments or apply radically different rules on the dissolution of marriage.

Applicable law: the Rome III Regulation

What Rome III changes

Being judged by a French court does not automatically mean French law applies. Within the EU, the Rome III Regulation (EU 1259/2010) allows spouses to choose the law applicable to their divorce, from a limited set of options: the law of the state of common habitual residence at the time of the choice, the law of the last common habitual residence, the law of the nationality of either spouse, or the law of the forum (the court seised).

This choice must be formalised by agreement between the spouses, generally before or during proceedings. In the absence of a choice, Rome III provides an objective cascade of connecting factors (common habitual residence, then last common residence, then common nationality, then the law of the forum).

Watch out for non-participating states

Rome III is an enhanced cooperation instrument: not all EU member states have adopted it. Ireland, Denmark and some others have not opted in. Always check whether the member state concerned participates in Rome III via the e-Justice portal.

Child custody and international relocation

Habitual residence as the anchor point

For children, jurisdictional competence rests on a distinct criterion: their habitual residence at the time of the application. Within the EU, Brussels II ter continues to apply (the regulation also covers parental responsibility). Outside the EU, the 1996 Hague Convention on parental responsibility applies between signatory states.

Decisions on where children live, visiting rights, and parental authority made in one EU member state are recognised automatically in all other member states, without any special procedure.

International parental abduction: a real risk

One of the most serious situations in an international divorce is the wrongful removal of a child: a parent leaves the country with the children without the other parent’s consent, or refuses to return them after a visit abroad.

The Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction organises the prompt return of children wrongfully removed to or retained in a country other than their habitual residence. It binds more than 100 states. Each signatory state has a Central Authority responsible for handling return applications. In France, this is the Bureau de l’entraide civile et commerciale internationale (BECCI) at the Ministry of Justice.

If you fear a wrongful removal, several preventive measures are available: prohibition on leaving the country for the children (in France: inscription in the ALERTES system), passport restrictions, etc. Act before the departure occurs: once a child is abroad, procedures are lengthy and uncertain, even between signatory states.

Maintenance and compensatory allowance

Cross-border enforcement within the EU

A court decision ordering maintenance payments made in one EU member state is, in principle, directly enforceable in other member states. Regulation 4/2009 on maintenance obligations greatly simplifies cross-border recognition and enforcement.

In practice: if your former spouse lives in Germany and does not pay the maintenance amount set by a French court, you can have that decision enforced directly in Germany under Regulation 4/2009, without needing a new German judgment.

Outside the EU, the situation is more complex. The 2007 Hague Convention on the international recovery of child support and other forms of family maintenance harmonises rules among many signatory states. Beyond these conventions, enforcement depends on bilateral agreements between France and the country concerned, or on local exequatur proceedings.

Compensatory allowance: a French-specific concept

The compensatory allowance (prestation compensatoire), designed to offset the disparity in standard of living created by the divorce, is a feature of French law (Articles 270 et seq. of the Civil Code). It does not exist in all countries in this form. A foreign court applying its own law will not award a French-style compensatory allowance. This is one of the main arguments for forum shopping in favour of French jurisdiction for a French expat.

Asset division and matrimonial property regime

Which matrimonial property regime applies

The division of assets depends on the spouses’ matrimonial property regime and the law governing it. Within the EU, Regulation 2016/1103 on matrimonial property regimes (applicable since 29 January 2019) determines the applicable law based on the spouses’ habitual residence at the time of marriage, their common nationality, or their choice.

A French couple married under the default French regime (community of acquests) who move to Germany does not see their regime automatically change: French law continues to govern their matrimonial property, unless they sign a modification agreement.

Property located abroad or in France

The location of real estate creates additional complexity. Property located in France is subject to French rules on registration, liquidation, and sale during the division process, even if the divorce is pronounced abroad. For property located outside France, the lex situs (law of the place where the property is situated) often applies to the practical mechanics of division.

For a full picture of property-related issues when moving abroad, see our article on selling property when moving abroad.

Recognition of a foreign divorce in France

Transcription onto French civil registers

If your divorce was pronounced abroad, it will only be enforceable in France once recognised by the French authorities. For decisions rendered within the EU, recognition is automatic under Brussels II ter. For decisions from outside the EU, either an exequatur procedure before a French court is required, or (for countries linked to France by a bilateral agreement) a simplified procedure may be available.

Transcription onto French civil registers (via the Service central d’état civil in Nantes) is then needed to update the French marriage certificate and allow remarriage in France. The procedures are detailed on service-public.fr.

Religious divorces and foreign non-judicial divorces

Some countries grant divorces through religious proceedings (repudiation, Jewish get, Islamic talak) which may be recognised in France under very strict conditions. The Cour de cassation has evolved on this point: recognition depends notably on whether the rights of the defence were respected and whether both spouses consented freely. Legal advice is essential in these cases.

Issue Rule within the EU Rule outside the EU
Jurisdiction Brussels II ter (EU 2019/1111) — habitual residence, nationality National private international law; Art. 14-15 French Civil Code for French nationals
Applicable law to divorce Rome III (EU 1259/2010) — choice possible by spouses National law of the forum; no unified instrument
Child custody Brussels II ter — child's habitual residence; 1996 Hague Convention 1996 Hague Convention if signatory; otherwise local law
Wrongful removal of child 1980 Hague Convention (prompt return) + Brussels II ter 1980 Hague Convention if signatory; otherwise local procedures
Maintenance payments Regulation 4/2009 — direct enforcement between member states 2007 Hague Convention if signatory; bilateral treaties or exequatur
Asset division / matrimonial regime Regulation 2016/1103 — law of matrimonial regime determined at marriage National law; lex situs for real estate
Recognition in France Automatic (Brussels II ter) + civil register transcription Exequatur or bilateral agreement + civil register transcription

Questions fréquentes

My spouse and I live in Spain: can we divorce in France?

Yes, under certain conditions. Brussels II ter provides several alternative grounds for jurisdiction. If you are both French nationals, French courts have jurisdiction. If one of you has been habitually resident in France for at least six months (or one year for a non-national), France is also competent. Outside these cases, the Spanish court at your place of residence is the natural option. Our guide on moving to Spain covers the general administrative steps in that country.

Can French law apply even if we divorce before a foreign court?

Yes, under Rome III. Spouses can choose French law as the applicable law if one of them is French or if they had their common habitual residence in France, among other grounds. This choice must be recorded in the proceedings. It is an important strategic lever, particularly regarding the compensatory allowance.

How can I protect my children from wrongful removal?

In France, the primary tool is an interdiction de sortie du territoire (IST) (a prohibition on the child leaving the country), which you can request through the courts or the local prefecture. It requires both parents’ consent for any border crossing. If a wrongful removal has already taken place, the 1980 Hague Convention provides for an urgent return procedure. Contact the French Central Authority (BECCI, Ministry of Justice) and a specialist lawyer immediately.

Since 2017, mutual consent divorce in France can be completed without a judge, through a deed signed by lawyers and deposited with a notary. Its recognition abroad depends on each country. Within the EU, Brussels II ter only covers court decisions: extrajudicial divorces are recognised according to each member state’s private international law rules. Some countries require a judicial act to recognise a divorce. Anticipate this if you plan to settle in another country.

In an international divorce, the decisions made in the first few weeks (which court to file in, which law to choose) can have significant financial and family consequences for years. A lawyer specialising in international family law is not a luxury: it is a necessity.

For broader expat life issues as a couple, read our article on expatriation as a couple and our guide on getting married abroad.

For the property side of things, see our article on selling property when moving abroad.

Find all our practical guides for settling abroad: living abroad.

For destination-specific insights:

The legal information in this guide reflects the state of the law in the third quarter of 2026. Private international law evolves: consult a lawyer specialising in international family law for any personal situation.