International divorce
German-French Divorce – Germany or France?
In a marriage with a French element, the first question is often the most important: in which country will the divorce take place – and which law applies? Because German and French family law differ markedly on matrimonial property and maintenance, this course-setting decides a great deal of money. From over 300 proceedings handled, we classify your case correctly early on.
Quick answer
Within the EU, uniform regulations govern the cross-border case: Rome III determines the applicable divorce law, Brussels IIb the jurisdiction of the courts, the EU Matrimonial Property Regulation the property regime. Often several countries have jurisdiction – whoever files first can help determine the applicable law. The choice between Germany and France should therefore be made early and deliberately.
In brief
- Brussels IIb governs which courts have jurisdiction – often both Germany and France.
- Rome III determines the applicable divorce law; a choice of law is possible within limits.
- The property regime is governed by the EU Matrimonial Property Regulation.
- Whoever files first can help determine jurisdiction and applicable law.
- German and French law often lead to different outcomes.
Which court has jurisdiction?
Jurisdiction is governed by the EU regulation Brussels IIb. Among others, the court at the habitual residence of the spouses, or of one spouse under certain conditions, has jurisdiction. In a German-French marriage, therefore, both countries often have jurisdiction. This opens room for choice – but also a "race to the courts": the court seised first retains jurisdiction.
Which law applies to the divorce?
Which substantive divorce law is applied is determined by the Rome III Regulation – regardless of the country in which the proceedings run. In principle, the law of the habitual residence applies; but the spouses can make a choice of law within the limits of Rome III. So a German court can apply French law – and vice versa.
Property regime: gains or communauté
This is often the biggest difference. German law has the community of accrued gains (equalisation of the increase in value in money); French law has, as its default regime, the communauté réduite aux acquêts (community of property acquired during the marriage). Which regime applies is determined by the EU Matrimonial Property Regulation (e.g. first shared residence after marriage, or a choice of law). The outcome can differ considerably.
The Franco-German optional regime
A special feature: Germany and France created the Franco-German optional regime of the elective community of accrued gains – a shared regime recognised in both countries. Couples can choose it by marital agreement; it combines elements of both legal systems and creates clear cross-border circumstances. Whether it is sensible depends on the individual case.
The property regime is the lever
Whether German, French or the optional regime applies can decide the distribution of assets. Clarify this early – ideally before filing.
Maintenance and children
For maintenance, the EU Maintenance Regulation together with the Hague Protocol applies; the applicable law is usually that of the creditor's habitual residence. For children, what matters is the habitual residence; cross-border moves and contact questions are sensitive.
Maintenance Cross-border child custody
Germany or France – we'll classify it
Tell us where you live, which nationalities and which assets are involved. You will receive an initial assessment of which country is more favourable for you.
Why the country decides a lot of money
Because property regime, maintenance and duration differ in both countries, the same marriage can lead to markedly different outcomes depending on the forum. Those who know the options and act in time secure advantages – those who wait may leave the choice to the other side. That is why strategic classification always comes first.
Related topics
International divorce Which law applies Court jurisdiction Division of assets Assets abroad Prenuptial agreement
Free tools to check first: Jurisdiction & applicable law
Frequently asked questions
Where can I divorce – in Germany or France?
In a German-French marriage, both countries often have jurisdiction (Brussels IIb). The court seised first retains jurisdiction – the choice is strategic.
Which law is applied?
Rome III determines the applicable divorce law. In principle the law of the habitual residence; a choice of law is possible within limits.
What happens to the assets?
The property regime follows the EU Matrimonial Property Regulation. German community of gains and French communauté often lead to different outcomes.
What is the Franco-German optional regime?
A shared regime recognised in both countries (elective community of accrued gains) that couples can choose by marital agreement.
Will my divorce be recognised in the other country?
Within the EU, decisions are generally recognised. → Recognition of a foreign divorce
Do you also advise in English and on France cases?
Yes. We support international clients in Munich and classify the French element correctly early on.