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TKenney, Ph.D.
TKenney, Ph.D., French Attorney (Avocat à la Cour)
Category: French Law
Satisfied Customers: 831
Experience:  Practicing law in France, 10+ years of experience on Paris Bar. Taught French Business Law in US
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Hello- I am a british citizen married in France 18 years ago

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Hello- I am a british citizen married in France 18 years ago to a French man and have been domiciled in France since the marriage. I wish to obtain a divorce on grounds of cruelty. I note that one of your questioners mentioned having filed for divorce from a French marriage in the USA. Is it possible for a British citizen to file for divorce from the UK from a French marriage?
Hello,

Thank you for your question.

Please could you confirm where you are currently living and where your spouse is currently living.

I look forward to your response.
Customer: replied 3 years ago.


Currently in France, and my spouse is also in France. I have left the matrimonial home and am staying with friends also in France


 


thanks

Hello, Yes, it Is indeed possible for a British citizen to file for a divorce from the UK from a French marriage. The fact that a couple (French, foreign nationals, or mixed) was married in France does not mean that couple has to divorce in France. That couple can in fact divorce in any country in the world where a divorce is possible and legal. However, each country has its own rules for couples divorcing who were not married in that counrty, especially rules of residency and nationality. When there is a divorce filed in France and abroad, like the UK, in France the judge will look at the nationality of the person filing for the divorce and if the person filing is not French, then the judge will see which party filed first.
Customer: replied 3 years ago.

Many thanks for that, but could you clarify the implication of who files first? If I filed first rather than my husband, how would that influence the situation?

To clarify, according to international private law, the jurisdiction of the country of the party who files the divorce first is the competent jurisdiction.
TKenney, Ph.D., French Attorney (Avocat à la Cour)
Category: French Law
Satisfied Customers: 831
Experience: Practicing law in France, 10+ years of experience on Paris Bar. Taught French Business Law in US
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