International Family Law
International family law – International couples – Divorce – Children – Matrimonial property regimes – Cross-border wealth and succession
The international mobility of individuals and families raises complex legal questions, particularly where several nationalities, countries of residence or assets located in different jurisdictions are involved.
BERGEOT AVOCATS helps international families anticipate, plan for and resolve cross-border legal and wealth-related matters. Our approach considers the interplay between family law, private international law, wealth and property law, and international taxation.
International Mariages and Partnerships
Marriages and partnerships between individuals of different nationalities, or living in different countries, may involve the application of different legal systems.
- Determining the law applicable to marriage and matrimonial property regimes;
- Assessing and planning for the financial and property consequences of an international marriage or partnership;
- Assistance with the preparation of international marriage contracts;
- The legal and tax implications of relocation abroad for the family;
- Coordination with notaries and advisers in other jurisdictions.
International Separation and Divorce
Where a couple has ties to more than one country, separation requires a preliminary assessment of jurisdiction and the applicable rules.
- Determining which courts have jurisdiction and which law applies to the divorce;
- Assistance with international separations and divorces, whether by agreement or through litigation;
- Settlement and division of matrimonial property;
- Compensatory payments on divorce (prestations compensatoires) and maintenance obligations with an international element;
- Recognition and enforcement of foreign judgments in France.
Children and Parental Responsibility in an International Context
When parents live in different countries, practical and legal difficulties may arise in arranging their children’s lives.
- Determining a child’s habitual residence;
- Parental responsibility and cross-border contact arrangements, including overnight stays;
- Determination and recovery of child maintenance across borders;
- Children’s travel and relocation abroad;
- Wrongful removal or retention of children and international protection mechanisms.
Matrimonial Property Regimes and International Wealth
Holding assets in several countries and successive changes of residence may affect the matrimonial property regime and family members’ property rights.
- Identifying the law applicable to the matrimonial property regime;
- Structuring and protecting international family wealth;
- Settlement of matrimonial property regimes with an international element;
- Management of real estate, financial and business assets held abroad;
- Assessment of the international tax implications of asset divisions and wealth transfers.
International Succession and Wealth Transfers
Estates involving more than one country require coordination of the applicable civil, succession and tax rules.
- International estate planning;
- Determining the applicable succession law and the competent authorities;
- Structuring cross-border wealth transfers;
- Review of testamentary provisions in an international context, including permitted choices of law;
- Resolution of international succession matters, whether by agreement or through litigation;
- Advice on avoiding double taxation on inheritances.
Recognition and Enforcement of Foreign Judgments
Foreign judgments in family or property matters may require formalities before they can take effect in France. The firm assists clients in assessing the requirements for recognition of foreign judgments and, where necessary, in proceedings to obtain a declaration of enforceability (exequatur) and pursue enforcement, in coordination with the relevant professionals.
A Cross-Border Approach to Family and Wealth Matters
Based in Paris, BERGEOT AVOCATS advises French and international private clients. Our approach brings together the civil law, wealth and tax dimensions of international family matters, with particular attention to France–Switzerland and France–Italy situations.
PRACTICE AREAS
For family-owned businesses and private clients
Maître Antoine BERGEOT
91 rue du Faubourg Saint-Honoré
75008 Paris
Email : contact@bergeot-avocats.com
Mentions légales
Politique de confidentialité
Conception : WEBAIX