I got married in France. Can I divorce in England?
The place of marriage is irrelevant. You can marry on a beach on the Bahamas and be entitled to divorce in England. The relevant criteria are habitual residence, nationality and domicile. If you are French and habitually resident in England, the courts of England and Wales will have jurisdiction.
I am French. I have obtained the final decree. Is my case finished?
No your case is not finished. As a French national, you will be required to register your English divorce in France. That will be the evidence needed for French authorities and third party to prove that your marriage has ended. It will be crucial for French tax authorities to register your divorce.
I am French. My friend in England changed his name by Deed of Poll. Can I do the same?
No you cannot change your name by Deed of Poll if you are French. The French law changed in summer 2022 and it is now easier to change your name but you can only add the name of your second parent or replace it with the name of your second parent.
I am in London. The father of my child is in France. Can I decide on my own about the choice of school?
If the father has Parental Responsibility, you will need to take joint decisions about all the important questions in relation to your child: the choice of school, the place of living, any medical treatment, the practice of a religion… When parents are married, they both hold parental responsibility. When parents are unmarried, the father named on the birth certificate has automatic Parental Responsibility.
How do I obtain an original decree of divorce?
Since 27 April 2015, orders issued by the Family Courts in England and Wales have borne an electronic image of the single family court seal. This applies to all family court orders, which include the final decree issued on dissolution of a marriage. Therefore, such orders are legitimate orders of the family court and they should not be refused based on the presence of an electronic image. If your French lawyer insists in being provided with a fresh original, you can always ask a certified copy of your order direct to the court and pay a fee of £10.
Is the French divorce by mutual consent registered at the notaire’s office recognised in England?
Yes the divorce decision is recognised in itself in England. What can be difficult is when you have ongoing financial orders. You will have great difficulty to enforce them in England as the provisions are not part of a judgment.
Can I take my children on holiday abroad even if the other parent objects?
If there is no child arrangements order in place, you cannot remove the children from England and Wales for the purpose of a holiday if the other parent does not give his or her consent.
If you are named in a child arrangement order, you can take your children abroad for up to 28 days and you will need to give notification (information and all details) to the other parent.
I want to divorce. Can I act on my own?
Absolutely. In England it is not compulsory to be represented. In France you must be represented by a lawyer. In England, you can do everything on your own online (DIY divorce). All the forms and applications are available on the government website. To deal with the financial settlement I recommend instructing a solicitor.
The child maintenance order says that the payments for my child are due until my child reaches the age of 18 or ceases secondary education. Can I change the quantum?
Yes all orders are written the same way (until 18..) but if there is a change of circumstances like for instance a change in your child’s needs or a change in your financial situation you can seek to vary the amount of child maintenance.
How long does that take to divorce in England?
Once the application is issued there is a 20 weeks mandatory period before you seek the conditional divorce. There is also a mandatory period of 6 weeks + 1 day once you have the conditional decree before you can apply to seek the final divorce. What can take extra time is to agree on a financial settlement.