FRANCE Law and Practice Contributed by: Elodie Mulon, Emmanuelle Bonboire-Barthélémy and Louise Astruc Baciotti, Chauveau Mulon & Associés
Post-divorce spousal maintenance after a foreign divorce Spousal maintenance (referred to in France as prestation compensatoire) cannot be awarded in France following a divorce granted in another country. The French Supreme Court recent - ly ruled (Cass 1re civ, 7 February 2024, No 22-11.090) that such claims must be included in the original divorce judgment. This decision has sparked criticism for conflating divorce proceedings with spousal maintenance, which are treated as separate matters under private international law. Indeed, the European Maintenance Regulation allows maintenance claims to be adjudicated by courts distinct from those handling the divorce based on criteria such as the parties’ residence or jurisdiction agreement (Article 3(c), 2008 Regulation). 2.2 Service and Process Service and Process for Spousal Support and Compensatory Allowance Spousal support ( devoir de secours ) and com - pensatory allowances ( prestation compensa- toire ) are determined during the divorce pro - ceedings (see 1. Divorce ). Regarding interim measures, spousal support for one of the spouses can be ordered at any time of the divorce proceeding (Article 212 of the Civil Code). However, it cannot extend beyond the dissolution of the marriage. Modification of spousal support, in amount or principle, can be requested throughout the procedure if new ele - ments justify it (Article 1118 of the Civil Proce - dure Code). As for substantive measures in divorce, only a compensatory allowance, often paid as a lump sum, can be determined. To assist the judge in determining the compensatory allowance,
Therefore, the crucial criterion is the date the court is seised. 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 procedure and the seising of the French court. Lis pendens with a non-member state The previously outlined rules do not apply when - ever the French judge is seised concurrently with courts of a non-EU state. To address the lis pendens issue, it is necessary to determine whether there is an applicable rule of conventional origin (eg, Lugano Convention of 30 October 2007, Franco-Moroccan Convention of 10 August 1981, or Franco-Belgian Conven - tion of 8 July 1899). In the absence of an applicable rule of conven - tional origin, Article 100 of the French Code of Civil Procedure will apply (see 1.2 Choice of Jurisdiction – Lis pendens between France and a third state). In this scenario, the same solution applies: the second seised judge acknowledg - ing the exception must defer to the first seised court. Financial Claims After a Foreign Divorce Settlement of the matrimonial property regime following a foreign divorce The matrimonial property regime can be settled either during or after the divorce proceedings. If it was not addressed during the foreign divorce, it may still be resolved in France, provided the French courts have jurisdiction (see 2.1 Choice of Jurisdiction – Jurisdiction for matrimonial property regime).
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