Can a foreigners civil judgment (divorce, debt...) be enforced in France?

Verified 16 November 2022 - Directorate for Legal and Administrative Information (Prime Minister)

Yes, one foreigner civil judgment may be executed in France, but under certain conditions. Its recognition and its execution, i.e. whether it can produce effects in France, depends on the nature of the case and sound country of origin. The procedure differs depending on whether it has been rendered within the European Union (EU) or not. We present you with the information you need to know.

Within the EU

If you need to enforce a foreign decision in France, the formalities go depend on of the type of dispute. Some decisions are recognized automatically (divorce, adoption, of parental authority, succession, will,...), while others must be the subject of an application for a declaration of enforceability.

Who to seize?

If you want your decision to be recognized, you must directly refer the matter to the registrar holding the relevant document (birth, marriage).

Who shall I contact

If the civil status certificate was drawn up abroad, you must contact the Central Civil Registry Service of Nantes.

Who shall I contact

  • Central Civil Registry Service (Scec)

    Civil status (birth, marriage or death) of a Frenchman abroad

     Only by mail to:

    Central Civil Registry Service

    11 White House Street

    44941 Nantes Cedex 09

    The service is not open to the public.

    You can apply for a civil status certificate through a online service.

    For more information, you can:

    • Go to diplomatie.gouv.fr
    • Call the+33 1 41 86 42 47 Monday to Friday from 9 am to 12 pm and from 1 pm to 4 pm
      Free access to video interpretation or instant speech transcription for the deaf or hard of hearing
    • Email courrier.scec@diplomatie.gouv.fr

Decisions concerning the state and the capacity people are recognized in France automatically. They are said to be recognized by right. This may be, for example, the transcript of a divorce or a judgment of guardianship.

Recognition allows the transcription of foreign decisions (divorce, adoption,...) on the civil status records of persons (birth certificate, marriage certificate,...).

Warning  

if your marriage was celebrated abroad after the 1However, you must have it transcribed to the French civil registry before having your divorce transcribed.

What documents should be provided?

You must submit a request written, dated and signed.

Your request must specify which civil status documents need to be updated.

It must be accompanied by a copy of the decision in original or in certified copy. This decision must be translated into French. The translation must be done by a certified translator.

Find a certified translator or interpreter registered with the Court of Appeal

You must pay the translation fee in advance.

You must also attach a certificate of the foreign court which issued the judgment. This certificate shall be issued by the court or authority which issued the decision to be enforced. It shall contain an extract from the original decision and shall certify that it can be enforced.

You must finally contact the full copy or the extract from the acts (birth, marriage...) which you are requesting to be updated. These acts may need to be legalized.

You must refer the matter to the president of the court of justice if you want to force your opponent to respect a decision (child custody, access rights, return of a child,...).

To do this, you must submit a application for a declaration of enforceability.

Application for a declaration of enforceability

You address your request in duplicate to president of the judicial tribunal.

The lawyer is not obligatory.

This is the case, for example, of a parent who has access and accommodation rights for his or her child and who is unable to enforce his or her rights. He may refer the child's whereabouts to the court of justice to exercise his right.

The competent court is that of the domicile of the party against whom you seek enforcement or the place of habitual residence of the children.

Who shall I contact

This request must be accompanied by a dispatch of the foreign decision and the European Enforcement Order Certificate.

This certificate shall be issued by the court or authority stranger having given the decision to be enforced.

A French translation of the decision and certificate may be required. This translation is done by a certified translator. Translation costs must be paid in advance by the applicant.

Find a certified translator or interpreter registered with the Court of Appeal

The President of the Tribunal shall issue a decision declaring it enforceable.

This decision is given to you or notified by registered letter with request for notification of receipt.

Then you need to signify to the party against whom enforcement is sought.

You can challenge the decision of the President by call.

Who shall I contact

An appeal on a point of law is possible against the decision of the Court of Appeal. This is a remedy to challenge a court decision that is contrary to the law.

Who shall I contact

You can execute these decisions in France using a enforceable title European Union or a declaration of enforceability.

The European Enforcement Order concerns debts uncontested (e.g. payment of an invoice).

Otherwise, you must enter the registry director of the court of justice an application for a declaration of enforceability.

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European Enforcement Order

The European Enforcement Order enables a cross-border claim to be enforced quickly and effectively, i.e. between creditor European and one debtor resident in France. The claim can no longer be appealed in the country of origin.

You can obtain it from theforeign judicial authority (court, notary,...) depending on the country.

Then you need to send it to the commissioner of justice (former judicial bailiff and auctioneer) who is responsible for the execution of this decision in France.

The Commissioner of Justice ccompetent is that of the domicile of the debtor or the where the property is located.

You must accompany this European Enforcement Order with a copy of the original decisione.

A French translation of the decision may be required. This translation is done by a certified translator. Translation costs must be paid in advance by the applicant.

Find a certified translator or interpreter registered with the Court of Appeal

If you don't have enough resources, you can apply for legal aid to cover all or part of these costs.

Declaration of enforceability

This simplified procedure takes place in front of the registry director of the court of justice. It involves asking him to to establish the character enforceable of a judgment given in Europe.

It can be used in civil and commercial matters (claim, contract, damages...).

The use of a lawyer is not mandatory.

If you don't have enough resources, you can apply for legal aid to cover all or part of these costs.

You must to refer the matter to the Registrar of a request. It is filed in duplicate.

It is accompanied by a dispatch of the foreign decision and the European Enforcement Order Certificate.

This certificate shall be issued by the court or authority which issued the decision to be enforced.

A French translation of the decision and certificate may be required. This translation is done by a certified translator. Translation costs must be paid in advance by the applicant.

Find a certified translator or interpreter registered with the Court of Appeal

You must file your application to the court of law of the domicile of the sentenced party.

Who shall I contact

If the certificate is not produced, the Registrar may allow time for the applicant to provide it. It may also accept an equivalent document or exempt the applicant from it.

The Registrar shall issue a statement which establishes the enforceability.

This declaration shall be given directly to the applicant or notified by registered letter with request for notification of receipt.

It must then be served to the party against whom enforcement is sought.

You can challenge the decision of the Registrar that he or she has accepted or rejected your application. The party against whom enforcement is sought may also bring such an action.

The appeal shall be brought before the president of the judicial tribunal.

Who shall I contact

An appeal on a point of law is possible against the decision of the President of the Judicial Court. This is a remedy to challenge a court decision that is contrary to the law.

Who shall I contact

Warning  

if your foreign decision concerns enforcement difficulties in matters of maintenance (maintenance), you must refer your application to the president of the court of justice.

Non-EU

Your foreigners judgment can be recognized and enforced in France. The procedure is different depending on whether it concerns the state and capacity of persons (marriage, nationality, filiation, divorce, guardianship,...) or relates to assets (house, amount of money,...).

For produce its effects in France, this foreign decision must be recognized as part of a third-party proceedings.

Recognition makes it possible to check the regularity of this decision.

If this decision has financial consequences (for example, maintenance payments in connection with divorce), it must be subject to an exequatur procedure in order to be executed.

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Procedure for opposability

In what case?

A foreign decision concerning persons (divorce, filiation, parental authority, guardianship, etc.) may be recognized in France by means of an enforceability procedure.

This consists of check that the foreigner judgment is not contrary to French law (e.g. a repudiation judgment). If this is the case, the judicial authority checks the regularity by a new decision and the foreigners judgment can be recognized in France.

Procedure

You must address your request enforceability or assignment the public prosecutor before the judicial court on which the civil registrar holding the document depends.

If the act in question is held by the Central Civil Registry Service (Scec), the public prosecutor of the Nantes Court of Justice has jurisdiction.

The lawyer is not obligatory.

Who shall I contact

Your attachment must be accompanied by a copy of the original decision and sound finality (more recourse abroad possible).

A French translation of the decision may be required. This translation is done by a certified translator. You must pay the translation fee in advance.

Find a certified translator or interpreter registered with the Court of Appeal

A copy of the application to the foreign court must be sent to the prosecutor if the foreign decision does not contain the motives. This means that if the reasons for the decision are not explained, the prosecutor must be informed.

You must attach to your request civil status documents on which must be affixed the reference to the foreign decision.

If you don't have enough resources, you can apply for legal aid to cover all or part of these costs.

FYI  

if a party challenges the validity of the foreign decision in France, it may, under the same conditions, bring an action before a court of law application for invalidity so that the decision is not recognized.

Exequatur procedure

In what case?

A judgment given outside the European Union shall not apply not automatically in France. Only if it is recognized in France can it be enforced and have effect in France. For that, you have to ask exequatur.

Use this procedure to ask to French judge of recognize the validity of a foreign decision in France. It also allows you to to oppose the validity of a foreign decision in France (a divorce, for example).

The French judge seised by the applicant shall issue a judgment who gives enforceability to the foreign decision. For example, a foreigners judgment condemning a person residing in France to pay a sum of money.

Warning  

foreigners judgments may be enforced in France only if they have been notified in accordance with foreigners law.

Procedure

You must to bring proceedings before the court of justice by a subpoena or by request wife.

You have to get a lawyer.

If you don't have enough resources, you can apply for legal aid to cover all or part of these costs.

Who shall I contact

The competent court is the court where the defendant, if the defendant's domicile is known to the plaintiff.

Otherwise, the competent court is the court of the place where the applicant or the court of its choice if the defendant remains abroad.

If the defendant has no known domicile or residence, the plaintiff may refer the place where he resides to the court.

The French judge may not grant exequatur only if 3 conditions are combined :

  • The foreign decision was given by a foreign judicial authority competent
  • It must not not hit the design what France is doing about values of law, justice and dignity people at the international
  • The applicant must not have entered the French judge with an intention fraudulent.

You can do call of the exequatur decision.

If it is not carried out voluntarily by the losing party, it may be the subject of a procedure of enforcement by a Commissioner of Justice (e.g. typed).

In what case?

A judgment relating to the property must be subject to a procedure of exequatur.

A judgment given outside the European Union shall not apply not automatically in France.

Use this procedure to ask the french judge theenforcement in France of a foreign decision.

The French judge seised shall deliver a judgment which gives enforceability to the foreign decision. For example, a foreigners judgment condemning a person residing in France to pay a sum of money. It does not change the content of the foreign decision, it merely verifies that it can be applied in France.

FYI  

the french judge cannot intervene in the application of foreign law, which is the sole responsibility of the foreign judicial authority. He cannot change the foreign decision.

The French judge may not grant exequatur only if the 3 conditions following are combined :

  • The foreigner judgment was rendering by a foreign judicial authority competent
  • It must not do not collide with the design what France is doing about values of law, justice and human dignity level international
  • The applicant must not have entered the French judge with an intention fraudulent.

The exequatur judgment may be challenged by the appeal procedure.

If it is not executed voluntarily by the losing party, it may be subject to enforcement proceedings by a Commissioner of Justice (e.g. seizure).

Procedure

You have to go to court by a subpoena or by request wife.

You have to get a lawyer.

If you don't have enough resources, you can apply for legal aid to cover all or part of these costs.

Who shall I contact

The competent court is the court where the defendant, if the defendant's domicile is known to the plaintiff.

Otherwise, the competent court is the court of the place where the applicant or the court of its choice if the defendant remains abroad.

If the defendant has no known domicile or residence, the plaintiff may refer the place where he resides to the court.

The competent court may also be that of the the building (e.g. in an estate if the building is located in France).

Warning  

foreigner judgments shall not be hard-working in France only if they've been notified.

Who can help me?

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