FRANCE Law and Practice Contributed by: Elodie Mulon, Emmanuelle Bonboire-Barthélémy and Louise Astruc Baciotti, Chauveau Mulon & Associés
of the court is crucial. In France, following the new divorce procedure, the date of receipt of the summons by the process server of the request - ing state marks the beginning of the divorce pro - cedure and the seisure of the French jurisdiction. However, it is well-established jurisprudence that French courts may refuse to stay proceed - ings if the decision to be made abroad is not likely to be recognised in France. The admissibil - ity of the foreign decision in France is assessed based on the criteria set by the Cornelissen deci - sion (indirect judicial competence of the foreign court rendering the decision, absence of fraud and absence of conflict with French international public order). The financial consequences of divorce in France encompass, on the one hand, financial support obligations and, on the other hand, the settle - ment of the matrimonial regime. Jurisdiction for maintenance obligations Jurisdiction over support obligations in France is determined in accordance with Regulation (EC) No 4/2009 of the Council of 18 December 2008, known as the “Maintenance Regulation”. Spouses can designate the French jurisdiction as competent to handle their dispute regarding support obligations if (Article 4): • one of the spouses has their habitual resi - dence in France; • one of the spouses holds French nationality; 2. Financial Proceedings 2.1 Choice of Jurisdiction Grounds for Jurisdiction in Financial Proceedings
• the French jurisdiction is competent to grant the divorce (see 1. Divorce ); or • the spouses’ last common habitual residence was in France and lasted at least one year. If the spouses have not designated the compe - tent jurisdiction to decide on support obligations, the French judge has jurisdiction to address sup - port obligations between spouses if (Article 3): • the defendant has their habitual residence in France; • the support creditor has their habitual resi - dence in France; or • the French judge also has jurisdiction to grant the divorce, except if their jurisdiction is solely based on the nationality of one of the parties (see 1. Divorce ). As a subsidiary provision, if no judge within the EU has jurisdiction, the French judge may have jurisdiction if: • the spouses share common French national - ity (Article 6); or • a procedure cannot reasonably be conducted or initiated in a third state, and the dispute has sufficient connection with the member state of the court seised (Article 7, forum necessitatis). Jurisdiction for matrimonial property regime Jurisdiction concerning the matrimonial property regime is determined in France under Regula - tion (EU) No 2016/1103 of the Council dated 24 June 2016, known as the “Matrimonial Property Regimes Regulation”. Prospective spouses can designate the French jurisdiction to oversee the settlement of their matrimonial property regime if French law
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