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Enhancing Public Accountability: Key Elements of the Public Office (Accountability) Bill 2025
Kirsty Cook
Background:
Meet Mrs Lafayette, a French national living in London with her French husband, Mr Lafayette. The couple were married in France and, one week before their marriage, they signed a contrat de mariage choosing the separation of assets matrimonial regime (la separation de biens).
The parties jointly own their family home in London and have various investments, savings and share options in their separate names. Mr Lafayette has a valuable private pension in England and Mrs Lafayette has a French pension, accrued during the time she worked in France. Both parties owned properties and investments in France which were gifted to them by their respective families (by way of donation).
Both Mr and Mrs Lafayette work in the financial industry in London. Mr Lafayette spends his working life between London and Paris. Mrs Lafayette wants to relocate to the South of France (where her parents and siblings live) with their 2 young children who currently attend the French Lycée in London.
Following the breakdown of the marriage, the family team were approached to advise Mrs Lafayette about divorce proceedings, financial settlement and arrangements for the children.
Issues
- Choice of jurisdiction: Given the parties live in London and both are French nationals, they could issue proceedings in either France or England. A quick decision needed to be made about which court, French or English, was more beneficial for Mrs Lafayette. Consideration was given to Mr Lafayette’s likely habitual residence position, given his cross channel activities.
- Jurisdiction comparison: We quickly instructed a French family lawyer (with expertise in international family law) to advise Mrs Lafayette on the potential outcome of a French divorce and we were able to hold a joint meeting to identify the pros and cons of outcome and process in each jurisdiction. We established that the English jurisdiction was likely to be more favourable for Mrs Lafayette.
- Securing jurisdiction: Time was of the essence in issuing proceedings first in time in England because of the approach of the French court, if France was seised first in time. The English court no longer (post Brexit) adopts a first seised rule and cases are now decided on a forum conveniens basis (can another court more conveniently hear the case).
- The impact of the French marriage contract: We advised Mrs Lafayette on the relevance, in an English divorce, of her French marriage contract. Much would depend on the parties’ understanding and intentions at the time of entering into the contract. The contract was likely to have significantly less impact within an English divorce than it would in a French divorce (where it would be upheld in full).
- Relocation: We advised Mrs Lafayette on the English process and likely outcome if she wanted to relocate with the children to the South of France.
Outcome and impact:
- Thanks to the careful strategy, advice and planning, Mrs Lafayette was able to secure jurisdiction for the divorce in England. We then went on to negotiate a favourable financial settlement in the context of those proceedings, without attending court, taking into account the French and English assets and with consideration of potential enforcement issues.
- We are well-versed in dealing with French assets and structures (including French pensions, SCI/SARL, Assurance Vie) and we understand how such assets will be treated by the English court.
Conclusion:
Mrs Lafayette’s case is a testament to our vast experience in the realm of Anglo-French divorce law. We have longstanding relationships with the best international lawyers in France and we are able to call upon that expertise so that well-informed decisions can be made at an early stage.
FURTHER INFORMATION
Find out more information from our Anglo-French services here.
