French matrimonial regimes: the wide ranging impact for couples with Anglo-French connections
Sophie Voelcker
The movement to legalise same-sex marriage started to gain momentum at the turn of the millennium, with the Netherlands becoming the first country to change its laws in 2001. Since then, 35 more states, primarily in the US and Europe, have followed suit to recognise marriage for same-sex couples. Last month, Greece became the latest, and most notably is the first Christian Orthodox country to take this step, and Thailand is likely to be next after recently passing a (yet to be approved) same-sex marriage bill.
In terms of the wider legal framework, under Article 8 of the European Convention of Human Rights (“ECHR”), the right to family life, member states have a positive obligation to provide legal recognition for same-sex couples. However, the European Court of Human Rights (“ECtHR”) held in Schalk and Kopf v Austria in 2010 that there is no obligation to legally recognise same-sex marriages specifically under Article 12 ECHR (the right to marry). Despite the progress which has been made by legal challenges and lobbying, still less than half of the countries which are party to the ECHR have proceeded to legalise same-sex marriage. There is still a lot of work to be done, though very much assisted by shifting societal attitudes towards the LGBTQ+ community and strong public advocates. Gay icon, Dolly Parton perhaps said it best in 2014 - “I support gay marriage. They have every right to be as miserable as straight people.”
Since the introduction of same-sex marriage in England and Wales, according to the 2021 Census, over 260,000 individuals have entered into a same-sex marriage, including many well-publicised in the press, such as actor Stephen Fry, Olympic diver Tom Daley, and comedian Sandi Toksvig. Societal attitudes have continued to shift in a positive direction in the UK. When the law first received royal assent from the late Queen Elizabeth II, only 54% of Brits supported same-sex marriage. Now, ten years on, this is over 75%, showing an optimistic trajectory but highlighting the gap we must strive to close.
The legislation however did not only allow same-sex couples to get married, but also to convert their civil partnerships into marriages. Civil partnerships were introduced in 2004 specifically as a compromise for same-sex couples who wished to obtain the same rights, responsibilities, and protections which were enjoyed by opposite-sex couples through marriage. While civil partnerships at least allowed for the legal recognition of same-sex relationships, as well as integrating same-sex couples and providing opportunities for families and communities to gather to celebrate queer relationships, the decision not to extend marriage to same-sex couples was criticised by the LGBTQ+ community for its perpetuation of otherness. Thus, after same-sex marriage finally became law, it is perhaps no surprise that almost 16,000 same-sex civil partnerships were converted to marriages.
The protection and appreciation of the family lives of LGBTQ+ individuals have continued to develop since 2014. In 2017, amendments to the Children and Social Work Bill made relationships and sex education (including LGBTQ+ inclusive education) mandatory in all schools in England & Wales, and in the same year the Supreme Court ruled that the discrimination against same-sex couples on pensions rights was unlawful. In 2023, 19% of adoptions of children in England involved same-sex couples, and together with the ever-increasing number of surrogacy arrangements, both domestic and overseas, more and more members of the LGBTQ+ community are becoming parents. Megan Bacon-Evans and Whitney Bacon-Evans also succeeded in securing the same access to fertility treatment for same-sex couples as heterosexual couples on the NHS, ending their High Court legal challenge in 2023 and a two-year review.
While there is still a very long way to go before there is true equality, developments like the above help to raise the family lives of the queer community to be viewed and treated on a par with their straight, cisgender counterparts. On this anniversary, we celebrate all our friends in the LGBTQ+ community, and long may the progress continue.
Kingsley Napley is committed to bringing colleagues and allies together in a shared aim of creating an LGBTQ+ inclusive workplace and community, where we can all reach our full potential without fear of discrimination. Find out more here.
Liam is an associate in the Family and Divorce team, and advises on all aspects of family law including divorce and separation, financial settlements, arrangements for children, and nuptial agreements.
Connie Atkinson was published in the October 2022 edition of ThoughtLeaders4 HNW Divorce magazine discussing the rise of cryptoassets in financial remedies.
The Court of Appeal recently handed down judgment in Helliwell v Entwistle [2025] EWCA Civ 1055, examining the importance of disclosure when entering into a pre-nuptial agreement.
On 30 July 2025, Mr Justice Peel handed down a judgment in the case of BC v BC [2025] EWHC 2016 (Fam), confirming the “sanctity of confidentiality” about Financial Dispute Resolution (‘FDR’) and private FDR (‘pFDR’) hearings.
On 2 July 2025 the Supreme Court handed down its long-awaited judgment in the case of Standish v Standish. Practitioners have been particularly interested to see if, and how, the Court would develop the judicially created principles of ‘needs’, ‘compensation’, and ‘sharing’ which apply to the division of finances on divorce. In particular, what would the Court say in relation to ‘the sharing principle’: should all assets be shared, or only those generated by the parties’ common endeavour during their marriage?
In this blog we consider whether a pre-nuptial agreement is a good option to help protect the estates of vulnerable individuals in the event that their marriage should come to an end.
Whether you consider yourself neurodiverse, you are the loved one of someone who is neurodiverse or you want to support a neurodivergent individual in family proceedings, this blog provides a summary of the best practice which should be used by family lawyers to help neurodivergent individuals navigate the family legal system.
In honour of Pride Month, we are discussing (and celebrating) the diverse paths to parenthood within the LGBTQ+ community. For couples or individuals looking to start a family, there are a number of options available, each with important factors and implications to consider. This short blog touches on some of those considerations.
We are seeing that most HNW advisors regularly signpost clients to the importance of entering into a prenuptial agreement prior to marriage. From our perspective, prenuptial agreements have been rising in popularity, in particular following the 2010 Supreme Court judgment in Radmacher v Granantino, and rightly so. These agreements offer a useful planning tool and can, when drafted appropriately, remove the uncertainty and conflict of contentious divorce proceedings. Alongside the pre-wedding planning, it is important to recognise the need for legal agreements prior to the start of other relationships, or before an international relocation. A prime example of this, which we are seeing more frequently in our practice, is in relation to the French PACS status.
Kingsley Napley represented the applicant parents in the case of Mr and Mrs K v Mr and Mrs Z [2025] EWHC 927 (Fam). The High Court judgment offers importance guidance for those who are intending on entering into a surrogacy arrangement in the future.
The English Channel, La Manche, is only 350 miles long, separating England from France. When looking at divorce principles however, we have historically been oceans apart from France, with significant differences in outcome depending whether the proceedings have taken place in France or in England. 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. In the early years of my Anglo-French practice, French couples living in England were often taken aback to learn that the property regime they chose when they signed their French marriage contract might not be applied by English judges if they divorced in England.
Following the launch of Nuptial, a new service which provides advice on entering into, amending, or contesting pre or post nuptial agreements, we look at the Law Commission’s Scoping Report and some of the different situations that couples are using nuptial agreements.
Pre-nuptial agreements can inevitably protect one party more than the other. Where does this leave love, romance, and the wedding? If not handled correctly, negotiating a pre-nup can have a huge impact on the relationship and wedding preparations.
As family lawyers, we are used to meeting our clients at a time when they are at their most vulnerable. This is intensified when addiction is present within a family. Divorce or separation places an added burden upon everyone involved and those individuals are likely to have experienced or still be experiencing the destruction that addiction can cause, some of it obvious and some of it less so.
Being alive to the particular challenges which may present themselves in a divorce involving addiction is essential but this should be balanced with an understanding that the issues are likely to be different for each client and for each family.
Emotions can run high in legal disputes, particularly in cases involving succession and inheritance, as well as in a family context. In this blog we explore what happens when allegations are made about parentage (more often than not, paternity) and what can be done about it.
It is now 15 years since the UK Supreme Court gave its judgment in Radmacher v Granatino [2010] UKSC 42 on the use and effect of prenuptial (premarital) contracts.
London has long been a popular city for French expats, and despite the reported drop post- Brexit, is still home to a reported 100,000 French nationals many of whom applied for settled status. There are 9 bilingual French schools in London and with the Eurotunnel celebrating 30 years of operation, London remains an attractive residence for French professionals.
It is now some fifteen years since the UK Supreme Court gave its landmark decision in the case of Radmacher v Granatino [2010] UKSC 42 on the use and effectiveness of prenuptial agreements.
It is some 15 years since the landmark decision of the Supreme Court in Radmacher v Granatino [2010] UKSC 42 changed the law on prenuptial agreements.
For those who have current or future wealth to protect or who are marrying for the second or third time perhaps, arranging a prenuptial agreement could be an essential part of the “wedmin” leading up to the big day.
This week marks Children’s Mental Health Week, a mental health awareness week launched by children’s mental health charity, Place2Be. The theme this year is Know Yourself, Grow Yourself, and, through the characters of Pixar’s Inside Out, seeks to explore the importance of self-awareness and expressing emotions.
17 May marks the International Day Against Homophobia, Biphobia and Transphobia, and the theme for 2024 is ‘No one left behind: equality, freedom and justice for all’
Read the blogTen years ago, on 29 March 2014, Peter McGraith and David Cabreza became the first same-sex couple to get married in England & Wales. This was following the introduction of the Marriage (Same Sex Couples) Act 2013, which put marriage equality for the LGBTQ+ community on our statute books for the first time.
Read the blogOver the years, the LGBTQ+ community has faced numerous challenges when it comes to applying for UK visas, seeking asylum and becoming British. Thankfully, the UK immigration system and rules have slowly evolved and there are less obvious areas where problems persist. But people often find themselves encountering hurdles and need specialist advice. Our immigration team, working within our firm’s LGBTQ+ & allies network, is entirely inclusive and can assist with advising clients on their own particular unique circumstances.
Read moreWe understand that the LGBTQ+ community has historically faced additional challenges when it comes to personal relationships and private and family life, and have fought hard for the same benefits enjoyed by heterosexual couples.
Read more hereMay 17th marks ‘International Day Against Homophobia, Biphobia and Transphobia’, a day to raise awareness of the discrimination and violence that faces LGBTQ+ people.
Read the blogBy Emily Elliott
READ BLOGTwo thirds of LGBTQ people still being harassed at work: IDAHOBIT is a timely reminder of the work that still needs to be done
Read Stephen Parkinson's blogBy Emily Elliott
Read blogWe welcome views and opinions about the issues raised in this blog. Should you require specific advice in relation to personal circumstances, please use the form on the contact page.
Sophie Voelcker
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