Can we get divorced in France?
Can we get divorced in France?
"We've been married for about ten years and have a 5-year-old daughter. My husband now wants a divorce, but I have no objections. We were married in Switzerland, but now live in France. So, for convenience's sake, we'd like to divorce in France. Is this possible? If so, will our divorce be recognised in both countries?
A, Gex.
Yes, you can divorce in France. The fact that you were married in Switzerland does not determine whether the French authorities have jurisdiction over your divorce.
It is your place of domicile and not the place of your marriage that is important in determining which courts have jurisdiction to hear your divorce proceedings. In this case, your official domicile is in France and it is therefore in that country that you must act. In your case, there is nothing to suggest that French private international law should apply. Indeed, you explain that all three of you are domiciled in France and you say nothing about any foreign nationality. Your divorce therefore only concerns the French authorities and has no connection with Switzerland or any other country.
You should be aware that every country has a law on private international law which settles disputes where several countries are involved. Once again, this is not your case.
However, if the spouse suing for divorce lived in Switzerland, the Swiss courts would have jurisdiction by virtue of Article 59 of the Swiss Private International Law Act. Similarly, if the plaintiff spouse lived in Switzerland, the Swiss courts would have jurisdiction provided that he or she had been resident in Switzerland for at least one year or was of Swiss nationality.
However, if your divorce is not possible in France and one of you has Swiss nationality, you have the option of taking action in Switzerland under Article 60 of the Swiss Private International Law Act.
Finally, according to article 65 of this law, foreign divorce judgments are recognised in Switzerland if they were issued in the State of residence or domicile or in the national State of one of the spouses. In your case, the divorce decree issued in France will therefore be recognised in Switzerland.
