When a dream turns sour

Planning a move to France? Remember that one in three marriages end in divorce in France too, says Sarah LLoyd

You've bought the house and moved your family over to France, and now you are living the dream life both of you have been planning for so long. Of course you're well prepared. You've done your homework; you've been working on your French, you've sorted out your position with regard to tax, health insurance, pensions, banks, schools, cartes de sejour. Maybe you've set up a business - holiday lets, translation services, whatever.

But then something you never imagined happens, something you certainly wouldn't have considered seeking advice on, even if it had crossed your mind. Your partner tells you they want to separate or divorce.

It isn't that unusual. After all, the new life may not suit you both equally well. One of you may find that living in a foreign country with a less than perfect grasp of the language and culture proves more challenging than expected. Some people even hope to rescue a relationship under pressure by drastically changing their lifestyle. It may work, but the odds are stacked against you.

What would you do if you or your partner decided to end your marriage or relationship? Who would you turn to for advice? A French lawyer? An English lawyer? Both? Neither?

In almost all of Europe, including both the UK and France, the law relating to where you issue divorce proceedings has changed very recently. Before, you might, depending on your circumstances, have been able to opt to issue proceedings in the English courts.

Now, except in very limited circumstances, you have to issue proceedings in the country in which you are living. This means a French court deciding on the important issues such as the division of assets on divorce, maintenance for your partner, yourself and the children, and other issues relating to the children, such as where they will live and who with.

The speed of the change took even lawyers by surprise. To show how it might work, here's one example: a man and woman, both British, marry and live in England for many years after their marriage. They acquire substantial assets in England and raise a family here.

They then decide to move to France and transfer most, if not all of their assets to France.

Shortly afterwards the marriage breaks down and one partner returns to England and stays there for six months, acquiring the 'habitual residence' needed to start divorce proceedings in England.

The English courts will be in a position to deal exclusively with the divorce and any financial and children matters and there will be almost nothing that the partner left behind in France can do about it. There may be huge difficulties in sorting out the division of property in France as the English court only has power to make orders over property and other assets situated in England and Wales.

In another scenario, the partner remaining in France issues proceedings there. And that in turn causes problems over the division of property and assets in England.

The new law could apply to you even if you never intended to reside permanently in France, but just planned to spend part of each year there, providing you are residing there when proceedings are issued.

Of course, everyone's circumstances are different. But it looks as if anyone in this position will need to consider whether they should obtain advice from both sides of the channel.

The advice you receive will almost certainly depend on where your assets are situated. If the English way seems likely to result in a more favourable outcome, you will need to consider returning to the UK, staying there for six months then issuing proceedings in the UK.

This might create another problem; if you return to the UK with your children without the consent of your partner, he or she may accuse you of child abduction and takes steps to make you all return to France, which he or she will be entitled to do under another International Convention. But that's another story.

Now you see why you might really need that advice. And why you may want to consider consulting a solicitor who has experience on both sides of the Channel.

Sarah Lloyd is a solicitor and member of Russell-Cooke's Divorce and Family matters department.

This article appeared first in Living France magazine.