RECONNAISSANCE ET EXÉCUTION AU CANADA (QUÉBEC) DU NOUVEAU DIVORCE FRANÇAIS SANS JUGE
In this text, Professor Jeffrey Talpis discusses the new French law allowing divorce without a judge, adopted January 1st, 2017, which provides that where the parties have agreed to divorce and to all collateral matters, and where the agreement is filed with a French notary, the marriage is dissolved.
Following a brief overview of the new law, the author focuses on its cross-border application in various foreign jurisdictions, particularly in Canada, in the Province of Quebec. According to Professor Talpis, the French divorce sans judge would not be recognized under the jurisdictional approach in Canada or Quebec. Nonetheless, as the author explains, in certain circumstances it could be recognized in Quebec under the conflictual approach.
The author concludes by recommending that the current law be reformed in order to reduce uncertainty and prevent flawed marriages and divorces in an international context.