A bridge between France and New York

Why choose a truly international prenuptial agreement?

In France, prenuptial agreements are often highly standardized. Creating a tailor-made agreement provides better guarantees for its enforceability in New York.

A New York judge may apply a New York prenuptial agreement, or a French marital contract, as long as it is valid under French law. However, beware of the challenges New York judges may face in interpreting French law!

Also consider inheritance rights: it may be helpful to include in the prenuptial agreement a clause where each spouse waives their rights as a surviving spouse, which are protected under New York law.

Divorce in France or in the United States?

Sometimes, there is a choice — for instance, if both spouses are French but live in New York.

In France, the judge may apply different laws to different aspects of the divorce (grounds for divorce, division of assets, spousal support, matters concerning children, etc.). The judge will always respect the prenuptial agreement. If the divorce creates a financial imbalance between the spouses, the judge may grant compensation to the more vulnerable spouse, depending on the applicable law.

In New York, the divorce judge, ruling in equity, applies New York law (except in the presence of a valid foreign prenuptial agreement). Except in rare cases, divorce is granted on a no-fault basis; the judge determines spousal support owed by the higher-earning spouse, equitably divides the marital property, and generally aims to restore financial balance between the spouses.

Relocation and Child Abduction: Understanding Parental Responsibility, Custody, and Parental Authority

At the international level, these concepts differ depending on national laws — in their terminology, their definition, and who holds them — even if a common foundation unites them: the best interests of the child.

For instance, the legal approach may vary depending on whether the parents are married or separated, and in some countries, there may be a legal preference for either the mother or the father. That said, joint parental authority is increasingly the norm, and it typically includes the right to determine a child’s place of residence — a key principle for the effective application of the 1980 Hague Convention on International Child Abduction. As such, what is considered to be in the child’s best interest under French law may differ significantly from what is considered best in another country, even a neighboring one.

What if I want to relocate with my child?

Although both France and the United States signed the Washington Declaration on International Relocation in 2010, it remains difficult to obtain court approval for relocation when the other parent objects. New York judges are particularly reluctant to allow relocation of a parent with a child — even between U.S. states, and especially internationally. In all cases, seeking the other parent's consent and negotiating revised visitation and custody arrangements that accommodate the distance remains the preferred approach.

It is also crucial not to act unilaterally. France and the United States are both signatories of the Hague Convention on the Civil Aspects of International Child Abduction, and the return of the child to their habitual residence will likely be ordered, except in very narrowly defined exceptional cases.

You are French and have pursued surrogacy in the United States — but are you aware of all the requirements for your child’s parentage to be recognized in France?

Surrogacy is prohibited in France but permitted in the majority of the 50 U.S. states. As a French national, you may have legally pursued surrogacy in one of those jurisdictions.

However, depending on the state where the surrogacy took place, either a parentage judgment or an adoption order may have been issued after the child’s birth. The legal consequences — particularly regarding the recognition of parentage for each parent — may therefore vary.

In France, parentage is not automatically recognized. You must petition a French court for an exequatur to have the U.S. decision recognized and establish the child’s parentage in France. The required supporting documents will differ depending on the type of judgment issued abroad.

Given the conflicting legal frameworks between France and the United States regarding surrogacy, the variety of legal instruments depending on the U.S. state, and the specific requirements of French courts to recognize foreign decisions, a cross-border legal strategy and cooperation are strongly recommended.

Have you made arrangements for your estate and the transfer of your assets?

Each situation is unique: marriage, remarriage? Blended family: children, stepchildren? Minor child: who will they live with? Who will be responsible for their personal care? Who will manage their assets?

When it comes to succession, lack of planning can lead to complications or the application of default legal rules that may not reflect the deceased's wishes. For example, without a will, a spouse undergoing separation may still inherit; or children may become joint owners in undivided co-ownership with a stepparent.

To protect the interests of heirs, estate planning should go beyond tax considerations. Fortunately, many legal tools are available.

A cross-border approach is especially relevant. In both the United States and France, wills are the preferred tool — for example, to designate guardians for minor children in the event of the parents’ death. Given the major differences between both legal systems regarding inheritance and estate transfers, an effective consultation must be international in scope.