If you are French and based in England (or considering relocating) or British and living in France, we can assist you with family law issues.
Whether you need advice on pre-nuptial agreements or guidance upon separation, we have considerable experience in cross-channel cases, with a team of French speakers including Tessa Bray, Rhiannon Guibert, Jimmy Levy and Elinor Gibson, and a strong network of experts in France with whom we work closely. Rhiannon Guibert worked at a Paris law firm for a number of years and passed the Paris Bar exam, and Partner Tessa Bray speaks regularly at events in London and Paris on comparative law. The team are all members of the Franco-British Lawyers Society.
Getting legal advice as early as possible on Anglo-French legal cases can be particularly crucial, as the differences between the two legal systems are substantial, and the consequences of proceeding under one legal system rather than the other can be significant and wide-ranging.Â
Don’t hesitate to get in touch with us if you would like to discuss, in English or French: rhiannon.guibert@smb.london or tessa.bray@smb.london.
Before marriage, it is common in France and increasingly common in England to enter into a pre-nuptial agreement (contrat de marriage) on the division of finances in the event the marriage does not work out.
However, the English and French legal systems have significantly different approaches to these agreements on divorce, and the English court may not enforce a French Contrat de Mariage if it fails to meet certain criteria.
For couples with both English and French connections, it is vital to obtain cross-border advice before entering these agreements, or if moving abroad.
Financial consequences on divorce can be starkly different depending on whether the divorce happens in England or in France. Sometimes there will be the option to start divorce proceedings in one country or the other and timing on this can be crucial. It is important to obtain comparative advice on this in the early stages.
If you are in a PACS with your partner and are considering moving to England, advice should be taken on the treatment of this status in England and whether any steps are needed in anticipation of change of residence, as well as the implications of cohabitation here.
Where children are involved, it can be necessary to enforce maintenance payments between England and France, or apply for maintenance or capital to meet a child’s needs, especially where the parents have not been married. We can advise on the options here, as well as on applications regarding a parent’s contact with their children and other specific issues concerning their children.
If parents have separated and one parent wishes to return to France, it may be necessary to make, or oppose, an application to court for relocation.
In extreme cases where a parent has taken a child to France or England without the other parent’s consent urgent action is required to secure the prompt return of the child to their country of residence.
Our team has extensive experience in all the above issues, from early advice on strategy, through to preparation and representation in negotiations and court proceedings.
We also offer mediation, which can be a cost-effective way of resolving family disputes whilst minimising conflict, and we will always consider this option where possible.
After another year of providing stellar legal advice, our Family team has once again had their hard work reflected in Chambers’ rankings, with both the team and individual staff receiving some outstanding feedback in the process.
Read moreSMB’s Family department is delighted to announce a new partnership with Divorce Assent, marking a shift in traditional dispute resolution.
Read moreHead of our Family department, Jane McDonagh, has been included in the esteemed Tatler’s Address Book, signifying her quality of service and outstanding contributions to her field.
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