International Family Law requires from your lawyer to be involved agressively
Preparing for international divorce demands intense strategic planning.
Our firm helps you better know the international choices that can have an influence.
To get well prepared, time is essential and anticipation is everything.
We assist you in a full range of areas such as:
> analysis of the family assets to international exposure
> helping a spouse to figure out their goals of utmost importance
> providing an overview of the most possible jurisdictions
> analysis of expected financial consequences of the international divorce
> anticipation of rules governing child custody and enforcement issues
> figuring out a step by step plan of actions
We understand your business, We handle the technicalities
The EC regulation of 29 May 2000 and 27 November 2003 entered into force on 1 March 2005, have profoundly changed the rules of jurisdiction on the international litigation in international divorce .
Regulation of 27 November 2003 sets the rules of jurisdictional conflicts within the European community: national law will have intended to apply only in cases where Community rules could not apply.
At the same time the Community rules have broadened the scope of the French judge with jurisdiction in situations where national law does not allow it.
The European regulation of 27 November 2003 (Brussels 2a) applies in Member States concerning marriage, divorce, parental authority and visitation rights .
Regulation Brussels 2a also regulates in Member States, jurisdiction in cases of wrongful removal of a child, in addition to the Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction.
This is the resolution of 29 May 2000 (Brussels 1) generally applicable in civil or commercial matters which had intended to apply in matters of maintenance obligations, before 18 juin2011. Since that date, the regulation 4/2009 on maintenance obligations (which is universal) entered into force.
These regulations are not applicable to inheritance and matrimonial regimes. For matrimonial relationship , is the Hague Convention of 14 March 1978 entered into force on 1 September 1992, which has universal vocation will apply.
Note, however, that if the settlement rule conflicts of jurisdiction, it does not resolve the conflicts of laws . Once a matrimonial proceeding is brought before a court of a Member State, the applicable law was determined by national rules on conflict of that State; in France it was in Article 309 of the Civil Code. But since June 21, 2012, entered into force on Council Regulation 1259/1010 of 20 December 2010, which establishes provisions on the law applicable to divorce.
The novelty of this regulation is to determine the applicable law with a great innovation, the possibility for the spouses of choosing by mutual agreement the law applicable to divorce.
The regulation should have a universal mission.
Outside the EU framework , international lis pendens can play. While Regulation Brussels 2a does not apply, lis pendens is international.
There are international lis pendens when two jurisdictions are entered in two different countries. It is then the mechanisms of the French Private International Law that will play, unless the specific Franco-Moroccan Convention.
In case of lis pendens, the French judge is not obliged to surrender, especially if it was entered before the other court.
When one of the courts rendered a decision, it’s no longer a question of lis pendens, but recognition decision.
The foreign divorce judgments produce their effects right in France, provided that he had not been made fraudulently, and conform to French international public policy (eg were considered contrary to the international public order certain foreign judgments that do not meet certain procedural rights such as the rights of defense or judgment which admit repudiation).