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Sharon Burkill
The concept of matrimonial regimes has become increasingly well known in England, having been a stalwart of the French marriage process for centuries. International clients and those with Anglo French connections are asking the right questions about French marriage contracts versus English prenuptial or postnuptial agreements more frequently, being more aware of the significant differences between the two and also the need for cross-border legal advice to ensure their interests are protected should they later choose to divorce.
The French Pacte Civil de Solidarité (PACS) is a contract entered into by two unmarried adults, of the same or opposite sex, which allows them to plan their life together. Registration of the civil union between the partners takes place at the town hall. The PACS contract can also be drafted by a notary so that the clauses of their contract are bespoke to their family and financial situation.
The question of whether to seek a divorce is one over which many people agonise. However, for divorcing couples with international connections, the associated questions of when and in which country to get divorced are also extremely important considerations, and ones which can have serious repercussions for the outcome.
Les couples français vivant en Angleterre sont souvent surpris d'apprendre que le régime matrimonial français qu'ils ont choisi lors de la signature de leur contrat de mariage français pourrait ne pas être appliqué par les juges anglais s'ils divorcent en Angleterre.
French couples living in England are often taken aback to learn that the French matrimonial regime they chose when they signed their French marriage contract might not be applied by English judges if they divorce in England.
Sharon Burkill
Natalie Cohen
Caroline Sheldon
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