Expat divorce: how to divide assets spread across multiple countries?

You have built your life abroad, invested in multiple countries, and accumulated assets throughout your time as an expat. Now that you are considering a separation, one question is weighing on you: how can you protect your financial interests when your assets are spread across several countries?

An apartment in France, a family home in London, bank accounts in Singapore, or investments in the United States: this complex financial reality can make a divorce more complicated.

However, the international nature of your assets should not prevent you from making informed decisions. By identifying the applicable rules and anticipating potential challenges, you can build a strategy tailored to your situation and gain clarity about your future.

"When your assets cross borders, the most important thing is not just knowing what you own, but understanding which rules apply so you can make decisions about your future with peace of mind."

1. International divorce: why is dividing assets more complex?

When you divorce after several years of living abroad, your assets may be subject to legal rules from different countries.

Take the example of a French couple married in France, who lived in London for ten years, and then moved to Dubai. The spouses own an apartment in Paris, a house in London, and several bank accounts abroad.

Which law determines how these assets are divided? French law, English law, or the law of another country?

The answer is not necessarily linked to the country where you file for divorce.

In an international context, three questions must be distinguished:

• Which court has the authority to grant the divorce?
• Which law governs your matrimonial regime—that is, the rules that determine each person's rights to the couple's assets?
• In which countries must the asset division process be carried out?

These questions may have different answers.

This is why specialized support for international divorces allows you to identify the applicable rules before taking steps that could have significant financial consequences.

2. Which law applies to the division of assets for an expat couple?

This is often the first challenge to resolve: determining which law governs the financial relationship between spouses.

Contrary to popular belief, your French nationality does not automatically mean that French law will apply to the division of your assets.

Several factors may be taken into account:

• The location of your first shared residence after marriage.
• The potential existence of a prenuptial agreement.
• Your successive habitual residences.
• The duration of your time spent living abroad.
• Any choice of law made by the spouses.

For situations falling within its scope, European Regulation 2016/1103 provides specific rules for identifying the law applicable to a matrimonial property regime.

Other situations may be governed by international conventions or national private international law rules.

The date of the marriage and changes in residence can be decisive, depending on the applicable regulations.

Imagine a French couple who married before moving to Singapore and later relocated to Spain. Owning an apartment in France is not enough to determine the law governing all of their assets.

Similarly, a prenuptial agreement must be reviewed to verify its international scope.

My approach is to clarify this legal framework from the outset, so you can understand your rights and gauge the concrete consequences of your various options.

3. Real estate, bank accounts, investments: how do you divide assets located in multiple countries?

Once the applicable law and matrimonial regime have been identified, you must establish a precise overview of the assets to be divided.

The challenge is not just to list the assets, but to understand their value, how they are held, and the rights of each spouse.

Real estate located in France and abroad

A family home in London, a rental apartment in Paris, or a vacation home in Portugal may each require distinct procedures.

This will involve examining property titles, outstanding loans, valuation methods, and locally required formalities.

A divorce agreement is not always sufficient on its own to transfer the ownership of property located abroad. Additional deeds or procedures may be necessary.

Bank accounts and financial investments

Checking accounts, savings, life insurance policies, securities portfolios, or business interests: these assets must be identified and analyzed.

How they are handled depends on factors such as your marital regime, their origin, and the applicable rules.

Professional assets and special rights

Certain items require specific attention: stock options, company shares, professional interests, or retirement benefits accrued during expatriation.

Valuing and potentially dividing these can be particularly technical.

In any case, a complete and documented inventory is the starting point for a balanced division.

This analysis is part of a broader consideration of the financial consequences of divorce, especially when multiple legal systems are involved.

4. How can you secure the division and avoid unpleasant surprises?

Dividing international assets requires rigorous preparation. However, anticipating difficulties often helps save time, financial resources, and peace of mind.

The first step is to gather all available information regarding your assets without rushing into decisions.

Next, you must evaluate the assets, taking into account their actual value, any potential debts, and currency fluctuations.

Tax implications also deserve special attention. Depending on the countries involved, certain transactions may trigger specific duties, taxes, or reporting obligations.

Another essential point concerns the international enforceability of the division.

Will an agreement reached in France be recognized in the country where your secondary residence is located? What formalities are required to effectively transfer ownership of a property?

These questions must be addressed in advance.

Depending on the situation, coordination between lawyers, notaries, and foreign professionals may be necessary to build a coherent solution.

When dialogue between spouses remains possible, a negotiated settlement can also allow for more flexible arrangements, provided the agreement is legally secured.

In my practice of family law, I prioritize an approach that combines legal rigor, foresight, and the search for solutions tailored to your family's reality.

The goal is not just to divide assets: it is also to preserve the conditions for your new equilibrium.

5. My advice

Don't start by asking yourself how to divide your assets. Start by understanding what you own, which rules apply, and what you want to preserve for the future.

In an international divorce, certain financial decisions can have long-lasting consequences, sometimes across multiple countries.

Taking the time to build a clear strategy means giving yourself the means to choose rather than reacting in a crisis.

This involves aligning your rights, your financial priorities, and your life plans after the separation.

Because beyond the legal questions, it is about regaining your ability to make decisions and building a new balance for yourself and, if applicable, for your children.

I am Julie Thibault, a family and divorce lawyer. I primarily assist expatriates, French citizens living abroad, and binational couples facing a separation or divorce that involves multiple countries.

I practice in both French and English and help you understand the rules that apply to your situation, make informed choices, and build a strategy adapted to your family's reality. My goal is to provide you with clarity so you can move forward with confidence, while preserving the well-being of your family and children as much as possible.

Do you live abroad or own assets in several countries and want to understand how to protect your financial interests during your divorce?

I invite you to discuss your situation so we can identify the priority issues and determine the next steps.

👉 Schedule an initial consultation.

‍