Contact Us
HOME INTERNATIONAL CHILD ABDUCTION INTERNATIONAL FAMILY LAW STRATEGIC INTERNATIONAL DIVORCE INTERNATIONAL CHILD CUSTODY
International Child Custody
Country-by-Country Information About Child Abduction and Divorce
(Scroll down to find country)
France: Family Law

ISLAMIC DIVORCES NOT RECOGNIZED IN FRANCE

  The French courts now generally refuse to recognize Islamic divorce decrees. So reports the conflictoflaws.net blog. The typical cases before the French courts concern Islamic divorces obtained in Algeria or Morocco by husbands of Algerian or Moroccan origin who have emigrated to France. When the wife decides to sue for divorce in France, the husband travels to Algeria or Morocco for a quick Islamic divorce (talaq) under which the wife receives extremely low financial compensation. The husband then asks the French court to stop all proceedings in France because the parties are already divorced.

Until 2004, the Cour de Cassation (the French Supreme Court for private matters) used various specific grounds to deny recognition to most such divorces. The typical grounds were that the wife had not been called to the foreign proceedings or that the husband had committed a fraude à la loi by initiating proceedings overseas for the sole purpose of avoiding French proceedings.

However, in 2004, the Cour de Cassation ruled that Islamic divorces are in fundamental contravention of French public policy since they infringe the principle of equality between spouses that is mandated by the European Convention of Human Rights (Article 5, Protocol VII). In 2007 the Cour de Cassation issued similar rulings in five more cases, thereby making the rule firm.

More Information on France Family Law:
There are two main benefits for single parents  continue

Some 1500 children are abducted by a parent in France every year  continue

from the Office of American Services in Paris  continue

A Critique of Child Abduction Law in France  continue

Islamic Divorces not Recognized in France  continue

Additional Articles
<