Divorce in France as a Foreigner: Rights, Steps, and Pitfalls to Avoid!

Divorce and Children of Foreign Nationals in France: What Are the Rules in 2025?

Are you a foreign national or married to a French citizen and planning to get divorced in France? Or are you an unmarried parent of a minor child living in France? Learn about the current rules and the rights guaranteed by the French legal system regarding divorce, child custody, and child support.

1. Divorce in France for Foreign or Mixed Nationality Couples

French courts have jurisdiction, even without legal status

According to Article 3 of the Brussels II bis Regulation, French courts have jurisdiction over divorce cases when both spouses habitually reside in France — even if they are foreign nationals and in an irregular legal situation.

Caution with mutual consent divorce without a judge!

The mutual consent divorce signed by lawyers and registered by a notary (as set out in Articles 229 and following of the French Civil Code) is not recognized by many countries outside the European Union.

If you or your spouse are from a non-EU country, it is strongly recommended to pursue a judicial divorce to ensure that it will be recognized in your country of origin.

Applicable law in divorce and marital property regime

In the absence of a bilateral agreement or prior choice of law, French law applies:

• To the divorce, under Regulation Rome III (Article 8);

• To the matrimonial regime, under the 1978 Hague Convention, if the couple’s first residence after marriage was in France.

  
  

2. Unmarried Foreign Parents with Minor Children: How to Protect Your Rights

The French judge can organize custody and parental rights

When unmarried parents reside in France with their minor children, the French judge may be called upon to rule on:

• Shared custody (parental authority);

• The child’s residence;

• Visitation and accommodation rights (weekends and holidays);

• Child support.

Jurisdiction is based on the child's habitual residence (Article 8 of the Brussels II bis Regulation).

French law applies

According to the 1996 Hague Convention (Article 15), French judges will apply French law in matters of parental authority.

For child support, the applicable law is that of the creditor’s habitual residence (i.e., the child or the custodial parent), as per the 2007 Hague Protocol.

3. Why Is It Essential to Have a Lawyer?

Family cases involving foreign nationals often present international legal challenges: decisions not recognized in the home country, issues with civil registry transcriptions, or even disputes with consulates.

A lawyer will guide you in choosing the appropriate legal procedure, protect your rights as a parent or spouse, and ensure that the divorce or family agreement has legal effect both in France and abroad.