Anglo-French family matters

Dually-qualified

I provide specialist family law expertise in cross border issues being qualified and actively working in France and in England. I am very efficient in term of time and legal costs to address your issues within the French jurisdiction and the English jurisdiction. I appear in front of the Courts of France and of England. I have constantly access to the English Court portal and to the French one in case you need to issue urgent applications. I can meet you in person in London or by video to discuss your situation. Each situation is different and I provide tailor-made advice.

I am here to help, assist and represent you on all your Anglo-French issues, whether there are aspects relating to children, surrogacy, inheritance, relocation abroad, separation, dissolution of French PACS or civil partnership, divorce.

Jurisdiction

It always important to seek legal advice at an early stage to ascertain the jurisdictional issues and to serve best your interests. There are proceedings that you will need to prepare in a different way whether you appear in front of a French Judge or an English Judge. Being French and working in London, I understand and face the cultural differences in the family law world. I will prepare you for all types of hearings.

Marital contracts

I will explain the differences between a French marital contract and an English pre-nuptial and will advise you on the document to have in your particular situation. It is generally not appropriate to have one in each jurisdiction. I will check with you whether your French marital contract will be held by the English Courts.

Divorce

If you consider starting a divorce in England, after being married in France I will assist in obtaining within a few hours your French marriage certificate needed to file your application. At the conclusion of your proceedings, I will handle the registration of the divorce in France. You should proceed quickly as it can take several months to have your divorce recognised in France. You will never be able to remarry if you do not register your divorce on the French register where your marriage is mentioned.

As part of your divorce proceedings, you may need to involve French experts and I will assist in finding the French professionals you need for your case, whether you need a French accountant for the calculation on the CGT on your French holiday home, or a French notary to explain the details of your French marital contract, or one of my French colleagues to give a legal opinion about French law.

Cohabitees and partners

I will advise whether on the consequences of your French PACS in England depending on your personal circumstances.

The financial consequences upon separation of cohabitees are different in France and in England and you may seek early legal advice before moving out and living apart. In England you can obtain financial remedies using TOLATA (Trust Of Land and Appointments of Trustees Act).

Relocation

You may consider going back home to France with your children. If the other parent does not consent to the relocation you will need to issue an application (specific issue order) to obtain the judge’s permission. It is a long and complex process and you will need to have your plan ready in detail at the outset of the proceedings to gain valuable time. I will guide through the process in order to get a decision quicky. It is important to have your statement ready for the first hearing in order to save time and get a final decision quicker.

Surrogacy

You may have a parental order following surrogacy and considering obtaining a French passport for your child. I will explain how to register your order in France and I will be able to issue exequatur proceedings on your behalf. For some time in France, you could not register the English order of surrogacy, we then used the adoption path. One of the parents had to adopt the child. The French court have changed their approach and accept the exequatur on surrogacy orders. Exequatur proceedings are less complex than adoption proceedings. Because this field of law moves fast, you should seek advice to ascertain your situation and I will guide you through the process.

Recognition and enforcement

If you have a French order in France regulating residence and contact for your child, I can help enforcing the order in England and see whether you will need to register first your order in England. If your child has been retained in England by the other parent in breach of a French order, you may want to receive advice in respect of the Hague Convention and how to obtain the immediate return of your children to France. I have experience in this field having worked at Dawson Cornwell solicitors, on of the best firms specialised in international movement of children and I will provide you with the good point of contact to start the proceedings of summary return of your children to France.

Special guardianship

If you have an English guardianship order allowing a French national to have parental responsibility on your child, I can liaise with the French authorities to accelerate the recognition of your English order in France. It may also be useful to register your English order in France to facilitate the guardian’s day to day life for enrolling your child at school, with a doctor, for the state benefits that are available…

Inheritance

You may want to plan for the future and consider drafting a will. I will guide you in this field as it is best for this situation to have a will in France and a will in England if you have assets in both countries. I will provide you with the lawyers and notaires that can assist in your situation. If there is no will in place and if you live in England, the European Regulation on jurisdiction and applicable law in matters of succession states that the law of the country in which the deceased had his habitual residence at the time of death shall have jurisdiction to rule on the succession as a whole. The United Kingdom had never ratified this European regulation before Brexit but this rule is applicable in France and you shall seek early advice.

If you consider gifts (French donation) to your children while you are based in England, I can advise you.

If you have any Anglo-French matters you want to discuss, feel free to contact me. I am available to help.