Franco-British Family Relationships: Top Tips à savoir

Family relationships involving international couples can be complex and the need for cross-border planning and an understanding of other jurisdictions is critical for family lawyers working in London. Claire Wood helps clients to understand some of the differences in approach across the channel. French law is based on a civil code, with divorce law applying property regimes to the division of assets, which is often incompatible with the common law, discretionary system in England.

French families living in, or moving to, London (or the UK generally) should consider what impact that move may have on their marriage or relationship and, for some, their divorce.

Here are some of the top tips to be aware of when considering Franco-British family relationships:  

1. Is there still a race to court? 

Many people believe (wrongly) that a person must get divorced in the country in which they were married. This divorce “myth” is particularly relevant for French couples living in England. In fact, jurisdiction to commence divorce proceedings is standardised within the EU states (other than Denmark). An EU state will have jurisdiction to hear divorce proceedings (irrespective of where the couple were married) based on habitual residence and/ or nationality.

A French couple, having moved to England, could easily find themselves in a situation where the courts in both England and France have jurisdiction to hear divorce proceedings. This can result in a “race” to issue proceedings first in time in one country and, whilst the race to court is no longer a relevant consideration for the English court, it will still be important for the French court. There can be significant differences in the outcome of divorce proceedings between France and England, both financially and procedurally, and it may therefore be important to take steps quickly.

2. Will my marriage contract and matrimonial regime be relevant and enforced in an English divorce?

In England, we do not operate a system of matrimonial regimes, instead we have a discretionary approach where assets are redistributed equitably upon divorce. A foreign marriage contract will not automatically be enforced or upheld in English divorce proceedings.  

However, there has been a gradual but significant change in approach in England and the court will now give effect to an agreement that is “freely entered into by each party with a full appreciation of its implications unless, in the circumstances prevailing, it would not be fair to hold the parties to their agreement”.  When considering whether to uphold a French marriage contract (i.e. dividing property as it would be in a French divorce), the following factors will be relevant:

• Pressure: Was the contract freely entered into? 
• Understanding: Did the parties have a full appreciation of the implications of the contract?
• Formalities: Whose notaire was appointed, were there meetings? Did the notaire explain the contract and its consequences to the parties
• Motivation: What were the reasons for the contract and has it been reconsidered or referred to during the marriage? 

We have had recent cases confirm that the existence of a marriage contract (French or otherwise) is now a relevant consideration on divorce in England.

Clients should not be complacent about the impact of a French contrat de mariage in English proceedings and, if living in England at the time of the marriage, clients must take advice about the benefits of a prenuptial (or post-nuptial) agreement. 

3. What are the divorce procedural differences between England and France?

Language is an obvious consideration; English divorce proceedings will be conducted in English (though you can have an interpreter when giving evidence at a final hearing). French proceedings are heard in French.  The cultural differences between the two jurisdictions are stark. For a start, there is an automatic right to appeal in French proceedings whereas in England, permission to appeal is required and the grounds for appeal are narrow.

A further significant difference is that, in English proceedings, finances and children issues are dealt with separately to the divorce itself whereas in French proceedings, the divorce, finances and children aspects are dealt with together. It is possible to obtain a divorce in England without organising the financial aspects of the divorce. In terms of timescale, for a French divorce this depends on the type of divorce. A divorce by mutual consent can take only a few months and a contentious divorce can take more than 2 years (plus any right to appeal).  In England, the no fault divorce process takes a minimum of 7 months but finances can take longer to resolve, depending on complexity and the need for court proceedings.

4. How is a French pacte civil de solidarité recognised in England? 

In England & Wales, a validly entered into PACS will be recognised as an overseas relationship under the Civil Partnership Act 2004 (“CPA”) (as a result of the amendments made by regulations in 2019). There is no mechanism to register a PACS in England, but English law will treat a PACS, registered pursuant to French law, as a civil partnership provided the criteria are satisfied.

The consequences of this recognition of the French PACS under English law as a civil partnership, are wide-reaching.  The effect under English law goes well beyond the rights that a cohabiting PACS couple would have under French law. The rights and obligations imposed under English civil partnership laws puts civil partners in the same position as married couples. Therefore, on the breakdown of the PACS, if English jurisdiction requirements are met, partners can make claims for all forms of financial relief in the same way as they could if they were married.  

Couples must be aware of the potential for claims to be made in England if the partners move here or one of the couple is English domiciled.  Given the potential significant differences between the financial outcome in France and England on dissolution of a French PACS, cross channel planning is essential, to avoid unintended consequences.

5. How are pensions dealt with in Anglo-French divorce?

English courts have the power to make a pension sharing order in respect of an English pension, i.e. to share a pension on divorce in favour of the party with the smaller pension. However, judges cannot make pension sharing orders against French pensions. Other options are available to the English court when one spouse has a foreign pension, to compensate the other, such as ordering the payment of a series of lump sums upon retirement by one spouse to the other.

The French retirement pension has two components:

The basic French social security pension, which is counted in trimesters;
The supplementary pension, which is counted in points.
French expats can continue contributing to both of them while working abroad and it is likely that where there is a French state pension, this will be an asset for consideration in and English divorce.  We work with pension specialists to look at the potential value of French pensions (state and private) within English divorce proceedings.

There are circumstances in which the English court can make a pension sharing order against an English pension following an overseas divorce. This is a stand-alone application, made post-divorce and requires one party to be domiciled in England and Wales.  However, the French court cannot make orders to share/split pensions on divorce, but the retirement provision that each party has will be taken into account when calculating any compensatory maintenance (the “prestation compensatoire”).

6. What about tax?

A French tax resident paying child and/or spousal maintenance could be entitled to a tax deduction in France, subject to certain conditions. If they are met, the maintenance amount can potentially be fully or partly deducted. Conversely, child and spousal maintenance are taxable in France if you are the receiving spouse. We work closely with French tax experts to consider these issues when they arise.

Even though divorce proceedings are taking place in England, there may be formalities to implement in France, for example if there are shared properties/ companies in France that are to be transferred or sold as part of the divorce settlement.  As a matter of principle, if the division of assets between the spouses was the subject of a written deed, it gives rise to the payment of a droit de partage (sharing tax), calculated on the value of the shared net assets. It is crucial to consult a French notaire on the question of the droit de partage and consider carefully the payment of taxes in any financial settlement.  We work closely with specialist notaires who have experience of the implementation of cross border divorces in France.

Conclusion

Whether you are an advisor or a client, it is important not to rely on what you think the position is, either in England or France, but to take detailed advice in each jurisdiction as to outcome, timelines, process and costs. The approach of the French courts to issues such as the valuation of share options and the reduction of asset values due to tax can be surprising, but this can make a huge difference to the potential outcome of the divorce. Clients should take into account not only the English/French court’s approach to the division of assets and marriage contracts, maintenance (whether capitalised or paid monthly) but also the likely (legal) costs in both jurisdictions, taxation and financial disclosure requirements. 

This article was first published by the French Chamber of Great Britain on 8 September 2025.

Further information

If you have any questions regarding this blog, please contact Claire Wood in our Family & Divorce team.

About the author 

Claire Wood is a senior family lawyer with over 18 years’ experience of advising clients on divorce or separation, financial settlements, prenuptial and postnuptial agreements and the arrangements for children.