No one knows what will happen on 29 March 2019 but what I know is that in case of a no deal Brexit it will take a very long time to register English divorces in France. I have registered English divorces in France several times per month for the last 10 years. If you are French and if you have not yet registered your English divorce in France: run to get your article 39 European certificate before the European Regulation n°2201/2003 of 27 November 2003 “Brussels I Revised” disappears.
For the time being it is very simple to register your divorce in France. You only need a certified translation of your decree absolute and a sealed article 39 European certificate. There is absolutely no control of the foreign decision.
The Brexit platform of the French Ministry of Justice has not yet explained how we will be able to register an English divorce in France following Brexit but the non-European (or third party country) procedure in force in France is not straightforward at all.
You will need to send the full judgment of divorce “with all reasoning”…
Will the one page Decree Absolute be enough?
You will also need to provide the French court with the petition, the evidence of the decree being final, evidence of the address of each spouse at the date of the petition… Everything will have to be translated by an accredited translator.
The process will be long and will cost more…. There might be some sort of control of the content of the foreign decision… Before it becomes more complex, register your divorce!
Have we answered your questions? Please call Francoise Bonnaillie-Valmorin on 02079364644 to discuss your situation.