As is well known, Monaco is a self-governing principality. Whilst its foreign affairs are subject to France, it is not a member of the EU and accordingly does not come within the network of regulations. It is therefore not a party to the Brussels Convention on the Jurisdiction and Enforcement of Judgements, nor is it a party to the Hague Convention relating to child abduction. Nevertheless child abduction is a criminal offence and the Monaco Courts are ready to act in aid of foreign Courts in this respect.
Financial proceedings are potentially complex. In the case of couples who married outside Monaco, first the Court has to decide if it has jurisdiction. Where it does have jurisdiction, it will consider which matrimonial regime applies to the marriage. Where there has been a choice of property regime (as would be the case for Monaco residence in almost every case) that would be applied or alternatively the Court may choose the applicable law, whether that of the parties’ home country or Monaco.
Monaco does not divide property but it does award periodical payments.
Substantial confidentiality provisions apply in the family jurisdiction, like the banking industry. There is no formal procedure for disclosure and no sanction for a party who is unwilling to disclose information, so there are considerable practical issues to be dealt with.
We are specialist international divorce lawyers and family solicitors and we advise clients who are either UK-based but originate from Monaco, or are living outside of the UK but have a connection with England or Wales.
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