You married in Senegal, then one of you moved to France with the children? Or you live in France and your spouse stayed in Dakar? In a Franco-Senegalese divorce, the choice of court and the timing of the application often decide the outcome.
The Senegalese court
- Under domestic law, the divorce application is brought before the judge of the wife’s domicile (article 167 of the Family Code), today the president of the tribunal d’instance.
- In international situations, the Senegalese courts have jurisdiction as soon as one of the spouses is Senegalese (article 853). The Supreme Court of Senegal applies this rule where the wife resides abroad.
The French court
- EU Regulation 2019/1111, known as “Brussels II ter”, allows in particular the French family court to be seised where the applicant has resided in France for one year, or six months if the applicant is French (article 3).
- For the children, the competent court is in principle that of their habitual residence (article 7).
- Maintenance claims fall under Regulation (EC) no. 4/2009.
Which law applies?
The French court in principle applies the law of the spouses’ common habitual residence (the “Rome III” Regulation, article 8). The Senegalese court applies the common national law or, failing that, the law of the domicile on the day of the application (article 843 of the Family Code). Senegalese law may therefore apply in France, and French law in Senegal.
The risk: two parallel proceedings
Both courts may find that they have jurisdiction. Two conflicting decisions may then be handed down, and one may not be recognised in the other country. The Franco-Senegalese judicial cooperation convention governs the recognition of judgments, subject to conditions. In Senegal, a foreign judgment on personal status takes effect without exequatur, except for enforcement measures (article 854 of the Family Code). In France, a Senegalese divorce must be checked by the public prosecutor before being recorded on civil status records.
Property located in Senegal
Dividing real estate located in Senegal raises specific questions: matrimonial regime, title deed, enforcement of the division. Our Dakar team handles these cases together with our correspondent firm in France.
How we help
Legal Field Avocats in Dakar and FB AVOCAT, our correspondent law firm in France, analyse the jurisdiction of both courts, choose the strategy with you, represent you before the courts of both countries and have the decisions recognised and enforced.
A divorce between France and Senegal? Call us on +221 33 844 29 16.
Sources: Senegalese Family Code, articles 167, 843, 853 and 854; Regulations (EU) 2019/1111, (EU) 1259/2010 and (EC) 4/2009.
← Back: divorce lawyer in Senegal
LEGAL FIELD AVOCATS
14 rue Woro Fila, Fann Hock, Dakar, Senegal
Phone: +221 33 844 29 16
Email: contact@fbavocat-sn.com
Our correspondent law firm in France:
FB AVOCAT
11 rue Galin, 33100 Bordeaux, France
Phone: +33 9 85 40 18 64
Email: contact@legalfb-avocat.fr