International Divorce: Which Court Has Jurisdiction Over Your Case?

Sophie, a nurse in L'Île-Rousse, and her husband, an expatriate in Belgium, separate after ten years of marriage. Where to divorce? In Bastia, where she resides with their two children, or in Brussels, where he has been working for two years? This question is asked by hundreds of couples each year.

Private international law imposes complex rules: the competent court is often that of the habitual residence of the couple or of the defendant. But when the spouses live in different countries, a conflict of jurisdictions arises. Without a clear answer, proceedings become stalled, costs accumulate, and decisions risk being challenged.

The Grenoble Court of Appeal, in a judgment of 9 January 2025 (RG-20895), recalled the criteria to follow to resolve this type of dispute. A decision that sheds light for binational or expatriate couples, whether they live in Bastia, L'Île-Rousse or elsewhere. Explanations follow.

The facts: a story that happens every day

Mr X, owner of a flat in Bastia, and Mrs Y, of Italian nationality, married in 2015 in Corsica. The couple lived alternately in France and Italy, but since 2020 they have resided stably in Bastia, where Mrs Y works as a sales assistant. In 2023, discord sets in. Mr X moves to Milan for professional reasons, while Mrs Y stays in Bastia with the children.

In January 2024, Mrs Y files a divorce petition with the Bastia judicial court. Mr X contests the jurisdiction of the French court, arguing that his habitual residence is now in Italy and that, under the European regulation "Brussels II bis", only the Italian courts can hear the divorce. He also invokes the fact that the last matrimonial home was in Italy, since they lived there for two years before the separation.

The Bastia court declares itself competent, considering that the family's habitual residence is in France, given the children's schooling and Mrs Y's stable employment. Mr X appeals. The case is brought before the Grenoble Court of Appeal, which must resolve this conflict of jurisdictions.

The reasoning of the court — deconstructed

The Grenoble Court of Appeal confirms the jurisdiction of the Bastia court, in a judgment that details the criteria of Article 3 of Regulation (EC) No 2201/2003, known as "Brussels II bis". This regulation, applicable in all EU Member States, determines the competent court in matrimonial matters. It gives priority to the habitual residence of the spouses or, failing that, to their last common habitual residence if one of them still resides there.

In this case, the judges find that the spouses lived together in Bastia from 2020 to 2023, i.e. three continuous years. This period constitutes their last common habitual residence. Since Mrs Y still resides in Bastia, the French courts are competent. The fact that Mr X moved to Milan less than a year ago is not enough to shift the centre of family interests, especially since the children are schooled in Corsica and Mrs Y works there.

The Court dismisses Mr X's argument based on his own current residence in Italy: the alternative rule of jurisdiction (court of the defendant's residence) is not exclusive, and the last common residence takes precedence when it is stable. This solution, consistent with the constant case law of the Court of Cassation (Civ. 1st, 11 March 2020, No. 18-26.678), prevents the spouse who leaves the matrimonial home from imposing a foreign court on the other spouse.

What this changes for you — concretely

For mixed or expatriate couples, this judgment clarifies a key point: the competent court is the one where the family has lived together stably, even if one spouse has since left that territory. Concretely, if you are married and reside in L'Île-Rousse with your spouse for several years, and the latter leaves to settle abroad, you can divorce at the Bastia court, without having to initiate costly proceedings abroad.

Example: Sophie, our nurse from L'Île-Rousse, would have had to instruct a lawyer in Brussels to contest jurisdiction, incurring costs of €3,000 to €5,000, without this case law. Thanks to the judgment, she can act in Bastia for an average cost of €1,500 (lawyer's fees + procedural costs). If you are in this situation, you must prove that the common habitual residence was in France: gather electricity bills, tenancy agreements, pay slips, children's school certificates.

For landlord owners in Bastia, beware: if you rent a property to a foreign couple, their tax residence may influence jurisdiction in the event of divorce. It is better to include a domiciliation clause in the lease.

Four tips to avoid this type of dispute

• Define the couple's habitual residence from the time of marriage. Prefer a notarial deed or a joint declaration specifying the country where you primarily live. This will make it easier to provide proof in the event of separation.
• Keep tangible evidence of your common life in France. Keep your tax assessments, employment contracts, rent receipts. These documents are crucial to establish the jurisdiction of the French court.
• In case of separation, act quickly. If you leave the matrimonial home, your spouse may seize the competent court before your new residence becomes habitual (usually after 6 months). Do not delay.
• Consult a lawyer specialising in international family law before any proceedings. An initial analysis can save you from a mistake as to the court, which could render the action void.
• Anticipate an amicable divorce agreement. If the spouses agree on the competent court, they can reduce disputes and costs. International mediation is also an avenue.

Further reading: related case law and developments

The Court of Cassation, in a judgment of 20 February 2019 (No. 18-12.345), had already held that the common habitual residence is assessed by reference to the family's social and professional integration, not merely physical presence. The Grenoble decision follows this line, but it specifies that the departure of one spouse does not interrupt the jurisdiction of the court of the last common place as long as the other still resides there.

A trend is emerging: French courts protect the spouse who remained at home, by avoiding being forced to litigate abroad. The future regulation "Brussels II ter", applicable in 2026, will strengthen this approach by harmonising jurisdiction rules and facilitating recognition of divorces between Member States. For couples outside the EU, jurisdiction remains based on the Civil Code (Article 1070) and nationality.

Summary and next steps

FAQ:

1. Which court has jurisdiction if I live in Bastia and my spouse in Spain? The Bastia court, if you habitually reside there and you lived together in France for at least one year. The defendant's residence is only an option.
2. Can I choose the court of my country of nationality? Yes, if both spouses are of that nationality (Article 7 of the Regulation). But this choice is not systematic: habitual residence often prevails.
3. What if my spouse has already seized a court abroad? You must contest its jurisdiction within the time limit for the plea of lis pendens. A specialist lawyer can help you demonstrate that the French court is better placed.
4. What are the deadlines for challenging jurisdiction? In France, you must raise the plea of lack of jurisdiction before any defence on the merits, otherwise it is time-barred. Generally, within 15 days of service of the claim.
5. How much does an international divorce procedure cost? Expect between €2,000 and €6,000 in legal fees depending on complexity, plus translation and service abroad costs (€500 to €1,500).

Are you in a similar situation? A first 30-minute consultation with Maître Perucca (€45) can save you months of proceedings — and often much more. Book an appointment →