Counseling for Family & Wealth International Mobility

• Disputes among heirs in France and abroad
• Sharing of assets in France and abroad
• International will

• Settlement or challenge of filiation
• Parental responsibility
• Moving and organization of children’s lives
• Illicit relocation and parental child abduction

• Circulation of decisions and acts in Europe
• Exequatur and unenforceability procedure

The marriage contract holds particular significance in the context of expatriation, as it establishes a legal framework for marriage, ensuring the stability of your matrimonial regime even when relocating abroad.

In France, the marriage contract is a notarized document signed by the future spouses. However, some countries, especially those outside the European Union, may require additional conditions or procedures for the contract to have full effect on their territory. Thus, a “French-style” marriage contract may not be considered valid in these countries.

Consulting with a specialized lawyer can provide advice and assistance in drafting a personalized marriage contract, thereby improving its chances of recognition abroad.

In principle, the matrimonial regime is determined based on the spouses’ first habitual residence after marriage. Therefore, expatriation can impact the matrimonial regime of spouses who marry during or just before expatriation.

Likewise, for spouses married between September 1, 1992, and January 29, 2019, without a marriage contract, expatriation can influence their matrimonial regime if they establish residency in a country where they both hold nationality or for a duration exceeding 10 years.

Consulting with a lawyer may be necessary to determine your matrimonial regime and assess any unintentional modifications resulting from expatriation.

Generally, when no marriage contract has been established, the matrimonial regime is determined by the law of the spouses’ first habitual residence after marriage and is not subject to modification with moves afterwards.

However, for French expatriate couples married between September 1, 1992, and January 29, 2019, returning to France will result in a change to their matrimonial regime in favor of the French legal regime of community property with Community of Acquests and Gain.

In the event of a return to France, it is recommended to consult with a lawyer to assess any potential modification to your matrimonial regime.

The French judge may assert jurisdiction to handle divorce and its consequences (such as alimony and the liquidation of the matrimonial regime) based on the French nationality of both spouses, or even one of them if residing outside the European Union.

In the case of abroad residency, the foreign judge in the country of residence may also have concurrent jurisdiction in this matter.

It is advisable to consult with a lawyer who can advise you and determine the appropriate court to approach in your particular situation.

The financial consequences of a separation between two individuals living in cohabitation depend on the country where they habitually reside at the time of separation.

In France, cohabiting partners are not entitled to financial compensation (such as alimony or compensatory allowance) nor do they have rights to the income or property acquired by the other during the cohabitation period.

However, in some countries, de facto unions are recognized and may confer upon cohabitants financial rights equivalent to those of a married couple in case of separation.

A specialized lawyer can advise you and determine your rights in the event of separation.

In principle, unless otherwise ordered by a court decision, both parents have joint parental authority over their common children.

However, it is possible for one parent to petition a court to modify the allocation of parental authority and the terms of its exercise. The jurisdiction of the courts and the applicable law are primarily determined by the child’s habitual residence.

This procedure requires the assistance of a specialized lawyer.

When the family resides in a country and the parents jointly share parental authority, one parent cannot, without the consent of the other, bring the children back to France, under penalty of committing international child abduction.

In such a situation, the parent remaining in the country of habitual residence of the family can petition the competent central authority for the return of the child. Unless under specific circumstances, the return of the child is generally ordered.

This procedure is intended to apply to states signatories to the Hague Convention of October 25, 1980. It requires the assistance of a specialized lawyer.

Surrogacy is prohibited in France; however, the country tends to recognize the effects of surrogacy performed abroad.

For the biological parent, establishing filiation with the child generally poses no difficulties. However, for the other parent, often referred to as the intended parent, the transcription of the birth certificate issued abroad is not possible. They must then adopt the child of their spouse, partner, or cohabitant.

The process of establishing filiation between parents may vary if it results from a court decision and may require an exequatur procedure.

Therefore, it is essential for French citizens considering surrogacy abroad to seek the guidance of a lawyer to complete all necessary procedures for establishing filiation.

In the event of the death of one parent, the other retains parental authority over the common children. However, if both parents that habitually resided in a country die leaving minor children,the child will be under the watch of the courts of habitual residence state, in accordance with its laws.

Parents are advised to anticipate this possibility by formalizing their wishes, possibly with the assistance of a lawyer, in a will or a mandate for future protection for others.

A French citizen has the option to draft a will abroad, complying with the forms accepted in France (such as holographic or international form), or following the local form of the expatriation country. Difficulties related to the form of a will are rare, and a will drawn up abroad can generally be easily recognized in France.

However, the effectiveness of testamentary provisions may be limited by the applicable succession law. Nevertheless, the will may allow for the selection of one’s national laws as applicable to the succession.

It is recommended to be accompanied by a lawyer to ensure the validity of the will, both substantively and formally.

In the absence of anticipated choice of law, the status of an heir for a spouse depends on the deceased’s last domicile at the time of death. In other words, if the spouses have properly established their residence in a country and one of them dies, the law of that country will generally apply to the succession and determine if the spouse has the status of an heir.

However, a spouse can anticipate their succession by choosing their national law to apply to their succession in case of death abroad. For example, if you are a French citizen, such a choice of law would allow your married spouse to inherit from your estate.

Consult a lawyer to plan your succession in an international framework.

In the absence of an express will, the status and share of heirs (including the existence of a reserved portion) are determined by the law of the deceased’s last habitual residence at the time of their death.

The deceased has the option to anticipate their succession by designating, especially in a will, the law of one or their nationality. By opting for the law of their nationality – a more stable criterion – the testator can ensure that their succession will not be altered by their movements.

A specialized lawyer can assist you in anticipating your succession in an international context.

It is always advisable to seek assistance from a professional when considering changing your habitual residence. This will allow you to understand the implications on aspects such as your matrimonial regime or your succession, for example.