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France naturalisation: proof of foreign divorce


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Old 5th September 2012, 03:53 PM
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Default France naturalisation: proof of foreign divorce

Hello,

I am planning to apply for Naturalisation par decret.

I am divorced and have the judgement of the divorce from a court of law in India. However in the list of documents for naturalisation, there is one called:

Si le divorce a eu lieu à l’étranger:
"Certificat délivré par les autorités consulaires en France attestant du caractère définitif de la dissolution de la dernière union"

If I understand correctly, this would be a document stating that the divorce judgement was not appealed against.

I checked with my lawyer in India and he informed that no such document exists in India and that the divorce judgement should suffice.
Has anyone else had a similar experience and any idea on whether any other docs could be provided to the naturalisation authorities?

Would be very grateful for any inputs.

With regards

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Old 5th September 2012, 07:47 PM
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I think what they're asking for is actually a document from the Indian consulate in France basically testifying as to the validity of the divorce judgment document you have from India.

Check with the Indian consulate in France to see if perhaps they can provide the document you need.
Cheers,
Bev

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Old 7th September 2012, 09:17 AM
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Thanks for your quick response Bev.

I checked with the India consulate and they said they will attest/stamp any document as long as it has been apostilled from India, i.e. they will not issue any new document.

And yesterday, I got my divorce judgement stamped by them. All it says is: "Seen by the Indian consulate in Paris" along with a seal, signature and date.

I guess one could argue that they have agreed to the validity of the divorce document. You think a Certificat de Coutume might help in this case? (the consulate can issue it but it will not have my marital status on it!)

Thanks again!

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Old 7th September 2012, 09:40 AM
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Give them what you've got and let them tell you if you need anything further. When I applied for my French nationality, I figured on three visits to get my dossier approved. Got them to take it on the second visit. But trying to "over anticipate" usually doesn't pay off. They ALWAYS seem to ask for "just one more" document - probably just because they can.

Play their game and if they want something more than what you've got, ask them what they would find acceptable. There always seems to be a bit of negotiation involved. And don't be afraid to tell them (nicely, of course) when a document they want you to get simply doesn't exist or isn't available.
Cheers,
Bev

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Old 7th September 2012, 11:16 AM
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Thanks for your input Bev.

Cheers
KB

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Old 18th February 2013, 01:54 PM
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Just an update on my naturalisation application:
I deposited the dossier in Oct 2012 and there the lady did not even ask for the certificate I've mentioned above.

But that was too good to be true (!) since I received a letter yesterday from the 'Service Central d'Etat Civil' asking for this certificate (specifically an attestation cerifying that the decision of my divorce is definitive, else they would not be able to mention my divorce in my French civil status docs.

I assume it is good news receiving this letter which probably means they've accepted my naturalisation dossier, but the complication is that if I do not submit this 'certificate', my civil status will show as 'Married'.

One the lines I am thinking along is that since the divorce in India was by mutual consent and hence an appeal against is not possible meaning it is definitive, maybe I can send a letter from a lawyer in India stating the same. Not sure whether it'll fly though.

Anyone else faced such a situation or anyone has any ideas? Any suggestions will be appreciated.

Thanks!

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Old 18th February 2013, 03:56 PM
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I was divorced in the UK. To marry again in France I had to get the divorce decree translated by official translator. It cost a bit, but the translator worked by email and the whole thing was fairly easy. No complications for the marriage process.

DejW

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Old 18th February 2013, 05:29 PM
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Thanks for your response DejW. I assume in your case since you were already an EU citizen, they considered the decree as final, moreover you were getting married and not trying to get naturalized here (right?).

In my case, they need to create an entry for me in the civil register like for all French citizens and for that they need proof that my decree from India is final/not appealed against. Until then they will not mention my decree in the civil register which, by default, will keep me at a 'Married' status despite being legally divorced for a few years!

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