It may not be the happiest of subject matters but the sad truth is that sometimes the dreams that expats have when they move to France simply don’t work out.
Non-French nationals who are resident in France may divorce in France.
You will mostly likely need a notaire (lawyer) to draw up the paperwork – this being France you can be sure that there is plenty of paperwork needed. The paperwork will cover vital matters like child custody, split of assets and property, alimony etc.
If you need to know the rules for divorce in France these are the basics:
Grounds for divorce in France
Divorce by Mutual consent – “Divorce par consentement mutual”
The simplest and quickest method of divorce whereby both parties agree to divorce and a reason is not required.
Accepted Divorce – “Divorce accepté”
Where both parties agree to a divorce but do not agree to a split of the assets, alimony or child custody arrangements. The case will go to court for processing and a ruling from the judge.
Divorce by Fault – “Divorce pour faute”
This is where one party does not accept the facts of the divorce being requested by the other party and proof of fault is required and may result in a prolonged case and be costly.
Divorce for prolonged separation – “Altération définitive du lien conjugal”
If the parties have been separated for two years or more the judge will be able to rule for divorce.
Consequences of divorce
Names – spouses may revert to premarital names although if both agree and the judge authorises it, retaining marital names is allowed.
Spouses may re-marry but may be required to wait 300 days before tie-ing the knot again.
Read our great tips for how to get married in France