divorce in Uk or France

[cantsleepworrying]

Myself and DH have decided we're getting a divorce. I can't see it being a friendly one and that it will be difficult. We both live in the UK and we were married in the UK. He's French. He's thinking of getting a French lawyer, as he has property there. My question is can he start divorce proceedings in France and would that mean that the divorce would be done under French law?
Do I need to get my act together and start it here? I don't want to rush into it as we're still talking.

I don't know but my instinct would be to crack on fairly quickly in the UK with a solicitor so that you do not have to battle the French courts and the language and legal differences that you would face if contested in France.

I think as you were married in the UK you have to divorce under UK rules (whatever part of UK you married in)

Thanks for the messages. I have a busy week next week, so I won't have time to find a solicitor I want to represent me. From researching online I can see it says he can divorce in his country of origin if he has that nationality and is habitually resident there or has previously had habitual residence here since he or she turned 18 years old.
I'm not sure what that means. He doesn't live there now. But does the second part mean that since he grew up there and lived there after he was 18 he could start proceedings there? Or do both parts mean he has to be living there.
I can imagine him doing it just to make my life really difficult. He's saying he's going to get a French lawyer and I'll get a UK one not realising it doesn't work that way.

England is generally known to be a good place for the financially weaker party to divorce. From what you have written, it would appear that if your husband has ever lived in France since he was 18, he may be entitled to divorce there. I would absolutely prioritise getting advice on this quickly, otherwise he will be able to make the first move and therefore choose the better jurisdiction for him.

This is not true.

I'm British, was married to a Brit but was living in France when I got divorced. Property in both countries and DC were living with me in France. Because my XH was living in the UK I was able to divorce him in the UK under British law. Our divorce was not at all amicable, we couldn't speak to each other.

However, although I would maybe have been able to get better child support for my children (on paper) if I divorced in France and maybe legal aid, I'm really glad I divorced under UK law.

In a highly stressful time being able to understand the legal process was a Godsend. The Courts were able to look at our assets in both the UK and France and they were split fairly. The only thing I wasn't able to get was financial support for my DCs here in France until they left university which is pretty much standard here in France so since they got to 18 I've been left with the financial burden of supporting two students.

So my advice would be get divorced in the UK.

How old is your husband and how long has he lived in the UK?

Also from experience with a recent French partner, whose wife is French and they were divorcing in France, her simple refusal to acknowledge the divorce and then string it out for over five years has cost him thousands in legal fees and he's still not divorced.

I agree, get started and petition for divorce in the uk.

The legal system is ridiculous here (in France) and so complex even when you speak the language perfectly).

I am 4 years down the line and still not divorced... And 10s of thousands down in legal fees.

This is incorrect, see the celebrity divorces where they have hopped countries to get a better deal on divorce

Does this help, OP?
Because it sounds like French courts don't have jurisdiction if neither condition is true.

"The French courts will have jurisdiction to begin divorce proceedings where the family residence is based in France or where the residence of the parent with whom the child lives is in France."

Definitely UK. My abusive alcoholic xh launcher an action for divorce After being summoned by the police for agression after we were separated. 2 years post divorce I've still not had money from the house, sold April 2018. I got 80000€ in compensation but lost out on 50% of his pension, more than 5 times mine. The value of this loss of reversionary pension ie widow's pension was about 500,000€, my barrister refused to accept any figure over 200,000€ and then asked for 160,000€ got half.
If all else fails, file online at Bury St Edmonds for under £600 and then get a solicitor.

There's a firm called Terry's from memory who are specialists in this type of case
Bear in mind that in France there is no pension sharing, it's done when thé first person dies. With a UK pension, once divorced, you have no entitlement to a widow's pension.

It used to be that you'd need to be resident for 6 months in order to divorce there. It's not the case for the Uk now but I don't know about Frsnce.

I was married and divorced in France. It was quick and easy. Not something to be feared.

But you won't have a marriage contract (obligatory in France) which means you'll probably be divorced under the communauté des biens. (All the goods of the marriage are one pot) If you brought more to the marriage than he did it might be in your interests to get divorced in France.

And my divorce cost 1500€ between us. We shared a lawyer so all the negotiation had been done prior to court. It was checked and stamped by the judge. It's potentially a less conflictual system.

That said DH2's took 4 years.

If lots of assets, file in England. Much better system and if you have children, a better deal for them regarding maintenance

Hi thanks for all the replies and advice. He bought more to the marriage than me, which is the reason he's going to make it difficult even though it was a long marriage.
I've decided I'm going to file here. I'll start the process with the online application, then afterwards I'll try and find a solicitor here. I know that's not the ideal way to go about it. I've had my head stuck in the sand a bit and need to start it.

Did you marry in France or the UK?
If you married in the UK then he would have to proceed with the divorce under UK law, though his assets abroad would be considered as marital property and be part of any financial divide between you.

Of course he could use a French lawyer but they would need to follow English family law.

You need to take urgent advice about which jurisdiction you would be better off in - as others have said, England is far more generous towards the financially weaker party.

Do not delay.

This firm specialise in Anglo-French divorces and I can recommend:

raydensolicitors.co.uk/areas/anglo-french-family-law/

The place of marriage is completely irrelevant to jurisdiction for divorce - I really don’t know why people say completely wrong information with such confidence. The jurisdiction grounds are as follows:

a.
both parties to the marriage are habitually resident in England and Wales
b. both parties to the marriage were last habitually resident in England and Wales and one of them continues to reside there
the respondent is habitually resident in England and Wales
c. the applicant is habitually resident in England and Wales and has resided there for at least one year immediately before the application was made
d. the applicant is domiciled and habitually resident in England and Wales and has resided there for at least six months immediately before the application was made
e. both parties to the marriage are domiciled in England and Wales; or
either of the parties to the marriage is domiciled in England and Wales

This is rubbish. Just because a couple marry in the UK it doesn't mean they have to divorce in the UK or under UK law.