Divorce

[WilliamR]

I am an English ex-pat living in the north of France, have been here for several years. I married an Irish woman, the (catholic) service took place in Ireland and we have an Irish marriage certificate. My question is which divorce law applies in this situation? French or Irish?

Thanks.

[dodeka]

I don't know if that's going to help but unless you got married in france, I don't think french law will applied. When I got married at the mairie (catholic wedding or any church wedding is not legaly recognise in france you have to go to the mairie) we were ask under which law it will be (I'm french and my husband british) so unless you've specified in ireland that it was french law, I don't think it will apply to your case.
Maybe get in touch with a advocate to confirm that
Cheers

[Bevdeforges]

There has been a recent (well, within the last few years) EU directive on this very topic. Apparently you can pretty much pick and choose the venue for your divorce from the countries of your nationalities or your residence(s). This is the initial press release: EUROPA - Press Releases - New Community rules on applicable law and jurisdiction in divorce matters to increase legal certainty and flexibility and ensure access to court in "international" divorce proceedings

But in the past, it has been mostly of where the partners are resident - and who files first, in the case where the partners have separate residences.
Cheers,
Bev

[TravelerP]

France vs Canada
since i live , & was married in, canada, i want the divorce to take place here. He (french) filed in Paris, even though i filed for divorce here in June. Is there still a chance we can get it changed to canada? He can afford to travel here, I can't afford to go there.

[Bevdeforges]

Originally Posted by TravelerP

France vs Canada
since i live , & was married in, canada, i want the divorce to take place here. He (french) filed in Paris, even though i filed for divorce here in June. Is there still a chance we can get it changed to canada? He can afford to travel here, I can't afford to go there.

I'd check with your attorney first. In France, there's actually very little need for you to make an appearance. It's mostly the attorneys who file motions back and forth and those are all written.

It also depends on what sort of a settlement you're looking for, as French law can limit things quite a bit. I'm hoping someone with a bit more experience in this area will stop by.
Cheers,
Bev

[TravelerP]

Well, my lawyer in Canada doesn't know anything about french law. My "ex" suddenly, & without warning, stopped paying spousal support - so i have no money to pay a french lawyer.

Originally Posted by Bevdeforges

I'd check with your attorney first. In France, there's actually very little need for you to make an appearance. It's mostly the attorneys who file motions back and forth and those are all written.

It also depends on what sort of a settlement you're looking for, as French law can limit things quite a bit. I'm hoping someone with a bit more experience in this area will stop by.
Cheers,
Bev

[xchaos777]

Originally Posted by TravelerP

Well, my lawyer in Canada doesn't know anything about french law. My "ex" suddenly, & without warning, stopped paying spousal support - so i have no money to pay a french lawyer.

Tough situation for sure. A couple of things to note depending on your situation.

Do you have children? You can argue that the family residence is in Canada if you and the children reside there, and have for at least 6 months. Especially if you filed first in Canada. You will still need representation in France to deal with that here.

Are you a French citizen through marriage? You might be entitled to a government supported legal representation in France. I don't know the specifics here.

Do you have a judgment on spousal support? You can go to a Huissier to attempt to recover funds from his French account or employer. You will have a problem with this and might have to get the judgment affirmed in a French court first....again needing representation.

In France, you have to fight and fight...and fight again...to protect your rights. There are little consequences and I have been victimized for 2 years by my ex...even what would constitute kidnapping in the US or Canada has gone completely unpunished.

It depends on your situation, but if you have no children with him, consider finding the easiest path to an agreement and move on with your life. The international circumstances of your divorce are going to destroy you financially and emotionally for years otherwise.

[TravelerP]

My daughter was living here for 2 years to finish high school (she is now 19, away at Univ.) He bought this house, moved us here (Canada), then was supposed to come one year later (making more money in France to build up savings, supposedly). He was paying expenses for 2 years, then suddenly stopped. One year of that was after he asked for the divorce, one supposedly while we were still together.
I do have dual nationality.
We started out discussing the separation amicably - then he shut down and changed his mind. I did NOT make any ridiculous demands, in fact i'm sure a judge here would award me far more than i was asking.

Originally Posted by xchaos777

Tough situation for sure. A couple of things to note depending on your situation.

Do you have children? You can argue that the family residence is in Canada if you and the children reside there, and have for at least 6 months. Especially if you filed first in Canada. You will still need representation in France to deal with that here.

Are you a French citizen through marriage? You might be entitled to a government supported legal representation in France. I don't know the specifics here.

Do you have a judgment on spousal support? You can go to a Huissier to attempt to recover funds from his French account or employer. You will have a problem with this and might have to get the judgment affirmed in a French court first....again needing representation.

In France, you have to fight and fight...and fight again...to protect your rights. There are little consequences and I have been victimized for 2 years by my ex...even what would constitute kidnapping in the US or Canada has gone completely unpunished.

It depends on your situation, but if you have no children with him, consider finding the easiest path to an agreement and move on with your life. The international circumstances of your divorce are going to destroy you financially and emotionally for years otherwise.

[xchaos777]

Originally Posted by TravelerP

My daughter was living here for 2 years to finish high school (she is now 19, away at Univ.) He bought this house, moved us here (Canada), then was supposed to come one year later (making more money in France to build up savings, supposedly). He was paying expenses for 2 years, then suddenly stopped. One year of that was after he asked for the divorce, one supposedly while we were still together.
I do have dual nationality.
We started out discussing the separation amicably - then he shut down and changed his mind. I did NOT make any ridiculous demands, in fact i'm sure a judge here would award me far more than i was asking.

You are going to have to get legal representation in France. Again, allot depends on your situation. If you didn't work and were married for 10/15/20+ years, he will have substantial spousal compensation in France. Allot of details on how that gets distributed though...

Speak to a lawyer, but if he suddenly stopped his family commitments, the divorce could be a fault on him for abandoning the domicile, etc.

[TravelerP]

yes, i gave up my career when we had our daughter- then lived around the world furthering his career. 20 year marriage.
I am trying to find a lawyer (it is 4am Vancouver time, getting a bit tired) so i can submit my "aide juridictionelle" forms - but i think they will assign someone to me otherwise.

Originally Posted by xchaos777

You are going to have to get legal representation in France. Again, allot depends on your situation. If you didn't work and were married for 10/15/20+ years, he will have substantial spousal compensation in France. Allot of details on how that gets distributed though...

Speak to a lawyer, but if he suddenly stopped his family commitments, the divorce could be a fault on him for abandoning the domicile, etc.