Legal marriage issues in France

Thousands of Brits head across the English Channel each year, many of whom have already or are hoping to start a family.

Despite this, it is important to be prepared for the possible eventuality of a marriage breakdown and the differenced between the legal system in France and the UK.

According to UK government statistics around 35 per cent of marriages end in divorce and although the stresses of a union can often be taken away with a move abroad, it is best to be prepared for the possibility.

Obtaining a divorce

As a resident of the EU, anyone living in France can obtain a divorce if they have been there for a relatively lengthy amount of time, which is decided by a judge.

A divorce can be granted either by both parties agreeing that they wish to dissolve the union or by one claiming intolerable behaviour, adultery or the fact that they have been separated for six years.

In France, both husband and wife must agree over the sharing of property and assets, finances, custody of and access to children before being granted a separation order by a judge.

It then takes around nine months before the couple will have to return to court and a judge will decide whether a dissolution can be formally granted.

UK differs from France on law

The French system differs from the UK in that both parties must appear in court and the process can often take twice as long.

In the UK, the court does not need to deal with matrimonial property or finances in order to grant a separation or sort out custody before a divorce can be granted.

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