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Anglo-French Divorce: which jurisdiction is right for you?
It has been a year since we launched our Anglo-French department in Hampstead and what a year it has been!
We have advised and continue to advise a substantial number of clients with connections to both France and England. Most of them have been confronted with the ever-important question of “What is the jurisdiction of choice?”.
Parties in these situations may have to decide where they wish to file their Divorce application if both France and England have jurisdiction and can therefore deal with their divorce and financial consequences flowing from that.
Please see our useful guide below which is a useful tool-kit to have to hand when faced with this dilemma.
French Jurisdiction
France is inevitably a preferable jurisdiction for the financially stronger party as the law in France is formulaic, meaning that the strict rules of the matrimonial regime chosen by the parties apply to the division of capital between the spouses upon divorce and there is barely any flexibility. The rigour of the matrimonial property regime is only balanced by the prestation compensatoire (a lump sum due by one spouse to the other upon divorce to compensate for a significant change in the standard of living).
English Jurisdiction
By way of contrast, England is a discretionary jurisdiction. Family judges have a great deal of discretion compared to other jurisdictions, including France, and settlements tend to be more favourable to the financially weaker party. The Courts want to ensure that the capital and income needs of both parties are met fully and can be very creative when it comes to dividing the capital.
England is referred to as the “Divorce Capital” of the world. This means that it is generous to spouses who are financially weaker. The courts will seek to ensure that a fair result is achieved.
English divorces tend to be quicker than French divorces. In England, the divorce and financial proceedings are kept separate even though they run parallel. It is possible to get through the end of the divorce process in 6 months, although it is encouraged to wait for the final financial order to apply for the final order of divorce. There is also no automatic right to appeal under English law (contrary to French law). If a party is not satisfied with the financial order pronounced by an English judge, they have to get permission to appeal and there are limited grounds.
Inevitable Jurisdiction Disputes
The international dimension adds a layer of complexity to the divorce and often requires quick thinking and acting expeditiously from the outset. We are well-equipped to advise our clients to make the best decisions for them and navigate them through the challenges of an Anglo-French divorce.
We have developed strong relationships with a significant network of French experts (notaires, avocats, etc.), with whom we liaise regularly throughout the entire process: both at the outset to help our client decide which jurisdiction is the most advantageous for them to file for divorce (if the choice is open to them), and during the process until the end when it comes to enforcing a financial order, etc.
How Can We Help?
If you are considering a divorce and have connections to both England and France, please do not hesitate to contact us. Yael Selig is a partner in our family team and head of the Hampstead office, with over 30 years’ experience in international divorces and jurisdiction issues. Victoria Plisson is our French speaking family lawyer in the firm’s Anglo-French department and works mostly on Anglo-French cases.
Other services in French
We are delighted to announce that our French team has expanded with the arrival of Leopoldine (Leo) Mineo who has joined our Litigation Team.
Leo is a native French speaker with dual nationality who qualified as a Solicitor in the UK and deals with Property disputes.
We understand that it is extremely difficult and stressful to deal with contracts that are not in your native language and in another country with different customs and rules. This is especially true given that English law is less protective than French law when it comes to leases, tenancy agreements and contracts in general.
Leo can assist landlords and tenants with property issues such as evictions, contractual breaches or disrepair. If you face a property dispute and need to receive legal advice from a native French speaker, please feel free to contact Leo.
You can also contact us by filling in our online enquiry form below.
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Yael Selig is a committed, enthusiastic and energetic lawyer who combines a wise and kind demeanour with great legal savvy.
Osbornes is a hugely impressive firm that offers strength and depth to its clients.
Lisa's substantial insight into financial disputes involving high-net-worth individuals is where her skills lie.
Yael Selig is bilingual in Spanish and English. She is the go-to person for divorce cases involving Gibraltar particularly, or Spain.
Yael Selig regularly supports clients in cross jurisdictional UK–Spanish matters.
Lisa pepper heads the Mediation team and she is often mediating for high-net-worth individuals in both financial and private children matters.
The family law team at Osbornes is one of the strongest in London.
Osbornes‘ family team is headed up by Mark Freedman, a mediator and fighter who will get the job done on both complex financial matters and international children cases.
A market leader across public law, international cases, financial and children work.
Lisa Pepper is particularly recognised for her role as a mediator in complex cross-border disputes. Her practice also includes handling prenuptial agreements and issues arising from divorces. She is additionally skilled in Schedule 1 and other child arrangement matters.
Mark Freedman frequently takes on high-value financial and children proceedings that involve complex tax, trust and accounting issues.
"Andrew Watson is respected and tenacious in matrimonial finance. You would want him on your team."
"David Leadercrammer is such an experienced wonderful lawyer who you would want on the other side of your case. He’s sensible, pragmatic and hugely experienced in money and children cases."
"A doyenne of family law in international children work. She is phenomenal, and lives and breathes this work. There's nothing she doesn't know."
"Continues to receive a growing number of instructions from high-net-worth individuals, frequently with cross-border components, and advises on a steady flow of complex cohabitation matters, often involving large property portfolios."
I received an outstanding service from Osbornes Law in relation to the processing of a complicated overseas Will. The service provided by Suzanna Baker and Jan Atkinson was very professional, their communication was clear and concise, and I felt that they did all they could to ensure as smooth a progression through probate as could be expected. I would 100% recommend this law firm.
Jan Atkinson has extensive experience in private client matters, which underpins her excellent skills in the contentious probate area. Plus she is strong on international matters.
Andrew secured me the best financial settlement for my claim. He is a credit to Osbornes Solicitors.
"Lisa Pepper was recommended to me as non-nonsense and able to help me with a difficult and confrontational divorce. She more than lived up to that – she was practical, collected and always available with a clear opinion and suggestions of how to move forwards. She also was open and helpful about costs and how to mitigate them"
"Mark Freedman is a very capable lawyer, renowned for not being a pushover and pushing his clients’ cases as much as he can, but will always talk sensibly about settlement. He is among the best – tenacious, good judgment and tactically aware."
"Mark Freedman is a dynamic and highly experienced family lawyer who fights extremely hard for his clients and is always in their corner, thus ensuring their loyalty and confidence. In a trial you would always want him on your side."
"She has impressed me as someone who fights my corner but also understands the importance of resolving issues without unnecessary escalation. She is calm and reassuring."
"Her mediation practice is exceptional; she is also a great solicitor and has a breadth of skill which is really useful."
"He is really experienced and wise. He has a lovely manner about him and clients feel safe with him."
"Jo Wescott is top notch and widely recognised as a rising star throughout the profession. She brings a winning combination of great judgement, an immense work ethic, and a relaxed and charming way with opponents and clients alike. Someone you want on your side”
"Osbornes is pre-eminent for family law in North London. Mark Freedman is a real rainmaker. He is an excellent lawyer and has a top-notch practice"
Mark Freedman is intelligent and personable and has a good selection of high-net work cases.
"Exceptional value for money. Highly competent and reasonably priced. Mark Freedman: one of the best in the field."
"Client-focused. Ready to fight the clients’ corner, but also ready where possible to steer client from unnecessary dispute. Mark Freedman – very experienced, with good instinct for the eventual result. Clients love him and he thinks ahead and directs the client to the best result for the client."
Mark Freedman is a serious player. A fearless family law litigator, who protects his clients’ interests passionately.
Breadth of knowledge and willingness to go the extra mile is what makes it stand out. Mark Freedman – devoted to his clients
Mark Freedman frequently takes on high-value financial and children proceedings that involve complex tax, trust and accounting issues. Sources praise the "tenacity and common sense" he brings to challenging disputes.
"Mark is very experienced, competent, good with clients and takes a sensible approach to cases. He knows exactly what he's doing."
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"The team frequently deals with cross-border estates for high–net-worth individuals."
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"Mark Freedman has a specific focus on high-net-worth divorces and finance cases where there are overseas assets and trusts."
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"Well-regarded family practice assisting clients with substantial matrimonial disputes and sensitive children proceedings."
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"He never gives up. He fights for you to the end and has boundless energy."
"Recognised for its expertise in both domestic and international adoption, as well as assisted conception."
"Naomi Angell is a leading figure in domestic and inter-country adoptions, and also has expert knowledge of related fertility and surrogacy issues."
Mark Freedman advises high-net-worth clients and knows his stuff.
Highly regarded for his experience as a litigation and mediation expertise, Mark Freedman is tenacious and determined. Clients really feel that he is fighting their corner.
Naomi Angell is the doyenne of inter-country adoption and the font of all knowledge in this area.
Andrew handled a very complex, 3 year legal battle for me, with a tremendous amount of patience and professionalism. He is very approachable, always kept me up to date, by phone and e-mail, and responded very quickly to my queries with excellent advice, sound strategic thinking and strong letters to put the other side under pressure. With top contacts for barristers, joint experts and mediation.
[The Family Law department] handles significant matrimonial finance cases and complex nuptial agreements. Respected for its expertise in cross-border children law matters.
Mark Freedman represents high net worth clients in complex financial disputes. Sources say that "he's a determined negotiator who'll always do the very best for his clients.
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This team is perhaps best known for its children work, often involving complex international dynamics.
Osbornes handles a growing stable of wealthy international clients. The firm receives glowing plaudits from clients.
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