Key point: every case depends on its facts, supporting documents and applicable time limits. An individual assessment is needed before taking action.
Nationality alone does not determine jurisdiction
In an international divorce, the first question is which court has jurisdiction. The spouses’ French or Romanian nationality does not, by itself, provide a complete answer. Their habitual residence, last shared residence and the respondent’s residence may be relevant, among other factors.
Justice.fr explains that a European Union citizen may divorce in France when one of the European jurisdiction criteria is met. An initial assessment helps avoid parallel proceedings being started in two countries.
Which law will apply?
The competent court and the applicable law are separate questions. Depending on the circumstances, the European regulation known as Rome III may allow spouses to choose the applicable law from laws with an authorised connection to their situation. Without a valid choice, successive criteria determine the applicable law.
This stage matters when spouses own assets in several countries, have lived successively in France and Romania or do not share the same nationality.
Children, residence and maintenance
Where a child habitually resides in France, the court with jurisdiction over the divorce may also have jurisdiction over parental responsibility, subject to the applicable European rules. The child’s residence, contact arrangements and maintenance should be considered separately from property relations between spouses.
School records, proof of residence, income, expenses relating to the children and proposals for parenting arrangements help with the assessment.
Recognition between France and Romania
Matrimonial decisions issued in a European Union Member State benefit from a European recognition framework. The specific formalities nevertheless depend on the date of the decision, the measure to be recognised and the receiving authority.
Coordinating civil-status documents, translations and certificates helps limit later difficulties. The firm assists Franco-Romanian couples living in places including Nice, Cannes, Antibes, Monaco and Aix-en-Provence where the proceedings are governed by French law.
Book a consultation
Are you facing a situation governed by French law? Mihaela Cengher Law Office can review the facts, available documents and suitable remedies. Contact the firm to arrange a consultation.