Anglo-French divorce and separation

We provide specialist legal advice in French, for couples and families navigating separation issues between England, France and other French-speaking countries.

Separation or divorce is always a confusing time but when couples part and their life and finances cross several countries, the process is complicated further by the various legal frameworks that come into play.

Depending on the country, financial agreements and childcare arrangements can be dealt with using entirely different processes. If your separation spans England and France, our expert family lawyers can guide you and your family through these complexities, ensuring you can make informed decisions and easing the emotional toll at this incredibly difficult time. 

Anglo-French divorce

Our French speaking internationally recognised divorce lawyers are highly experienced in working out the best possible course of action following separations in England, France and other French-speaking regions. We understand that this is a difficult time, doing all we can to reduce conflict and come to a fair agreement for your family. Every situation is unique, so we collaborate with other experts in England, France and beyond to provide the best support for your circumstances.

Together, our expert team can support you by:

  • Identifying the right process for solving the issues your family is facing, such as negotiation, in court, mediation, arbitration or using our “one lawyer, two client” service where you will work alongside your former partner
  • Choosing and trying to secure the best jurisdiction for proceedings
  • Advising on likely financial outcomes
  • Explaining the effect of prenuptial/postnuptial agreements and foreign marital contracts and regimes
  • Resolving financial disclosure issues
  • Negotiating a financial settlement
  • Working out funding arrangements, including court orders for legal costs
  • Making financial applications on behalf of children
  • Overcoming child relocation issues and all other children issues arising out of separations
  • Securing recognition for court orders internationally

Anglo-French prenuptial agreement

International marriage contracts are challenging, especially when dealing with different legal systems like those of England, France and other French-speaking countries.

Our team specialises in advising on the best choices for prenuptial and postnuptial agreements, ensuring they have the best chance of being upheld internationally so that if they are ever actioned, you and your family get the right support. Whether you already have a French marital contract or are planning to get married in France or another French-speaking country, we will guide you practically and compassionately through the process.

As well as drafting agreements, we work with either our own Private Client expert lawyers or your trusted advisors to provide the comprehensive advice you need on tax and succession planning to ensure a secure future for your family.

For couples with ties to both England and France, it's crucial to understand the differences between English prenuptial agreements and French marriage contracts.

In England, prenuptial and postnuptial agreements are detailed contracts entered into by spouses before or after their wedding to outline their rights and obligations in the event of a divorce. While not automatically legally binding, English courts are increasingly likely to uphold these agreements, provided they are fair and both parties entered them freely, understanding the implications. Prenuptial agreements are particularly useful for protecting assets such as family inheritances, business interests, or significant personal wealth.

In contrast, French marriage contracts involve choosing a matrimonial regime that dictates how assets will be managed and divided from the day of marriage. These contracts are binding under French law and are upheld by French courts during divorce proceedings. However, if a French couple moves to England, their French marriage contract may not automatically be enforceable in English courts. This can be a significant shock for French nationals who assume their contract will be recognised internationally.

An English prenuptial agreement can provide a layer of protection that a French marriage contract might not offer in the event of a divorce in England. Conversely, a French marriage contract ensures clarity and enforceability within France. In other Francophone countries, the considerations for prenuptial and postnuptial agreements can, again, be different.

Couples need to consider having agreements that are tailored to their specific circumstances and seek legal advice to ensure these agreements are recognised in both countries.

Anglo-French children arrangements

Often the most challenging aspect of separations involve decisions about children. Where they live, how much time they spend with each parent and financial support are all highly emotive issues. These cases must be handled especially sensitively. With our extensive experience in this area, we will support you in achieving the best course of action for your family as peacefully as possible.

Proceedings will most likely take place where the child or children live at the time of issuing. In cases where there are English elements to the situation, we will advise on successful strategies for negotiation or before the English court. If the child or children are French residents, we can refer you to leading French family lawyers so that any French proceedings can be handled effectively for you.

When it comes to highly emotional child relocation disputes, we provide early strategic advice on the right steps to maximise your chances of successfully bringing or defending an application to relocate children.

Ready to talk to us?

Our team of specialist family lawyers are here to support you if you're facing issues related to jurisdiction. Speak to our team today. 

Our experts

Our French-speaking team includes Partner Melissa Lesson, Principal Associate Jennifer Curtis and Senior Associate Ciara Moore. They represent French-speaking clients and advise on Anglo-French cases, often involving proceedings in English and French courts and those of other French-speaking countries.

Melissa has a substantial French practice and is recognised in legal directories for her expertise in international cases.

A number of our family lawyers, including Melissa, are fellows of the International Academy of Family Lawyers (IAFL) or members of the International Association of Young Lawyers (AIJA), including Ciara. Being part of this network of exceptional foreign lawyers allows us to offer cross-jurisdictional advice on many family law issues in French-speaking countries, including France, Switzerland, Belgium, Luxembourg, Canada and Monaco.

What others say about us

“Mills & Reeve is exceptional. From top to bottom, they are extraordinarily talented lawyers and very bright.”

Chambers 2024

“I always found them to be knowledgeable and reliable advocates and I had total confidence in their abilities to protect my interests, however complex the issues.”

Chambers 2024

“I'm so fortunate to have found Mills & Reeve. They've approached my situation, and the work that has flowed from it, with such care, empathy and professionalism. They are a shining example and model for how all law firms should hold themselves, and operate.”

Legal 500

“Excellent team with both strength and depth; they work extremely well and often collaborate on case management so that there is a coherent and strategic approach to the case right from the start. ”

Legal 500

“Mills & Reeve have a personable and down-to-earth approach. The advice they provide is practical and is always the most sensible approach to reach resolution as quickly as possible ”

Chambers 2024

Resources

Explaining family law podcast

Facing a family law issue and not sure what's involved? Our podcast is the right place to start.

Family and children blog

Our family and children law blog provides practical advice and insight on a wide range of topics by our family and children lawyers.

Family law vlogger YouTube

On our YouTube channel, Caitlin Jenkins, the Family Law Vlogger gives you guidance on your first step in sorting out your issues.

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