Living in France: Why Australian Expats Should Think About Family Law Before They Need It

The Australia France Business Association is working closely with AFBA Corporate Member Mills Oakley Family Law to produce a series of events and articles to help inform members of various legal topics which are relevant to many Australians living in France. The next event will take place on 14 September.

Moving to France can mean building a life that stretches across two countries. Your home may be in France, while family, property, investments or other financial interests remain in Australia. You may have children growing up in France, receive financial support from family in Australia, or be planning how your wealth will eventually pass to the next generation.

It can create a wonderfully international life. But it can also create legal complexity that many Australians living abroad don’t consider until something changes.

Family law isn’t only about separation

It’s easy to think of family law as something that becomes relevant when a relationship breaks down. For Australians living overseas, however, it can be useful much earlier.

Marriage, having children, purchasing property, receiving an inheritance or financial assistance from family, relocating between countries and planning for the future can all have legal implications.

And when your life has connections to both Australia and France, an additional question arises: which country’s legal system applies?

In international family matters, more than one country may potentially have jurisdiction. Where a matter is dealt with can influence how property, finances and parenting arrangements are considered.

Your children’s home can matter

For parents, moving countries can have consequences that extend well beyond the practicalities of relocating.

If a relationship breaks down, questions about where children will live, whether they can return to Australia with one parent and which country should determine parenting arrangements can become particularly important.

Parenting arrangements in an international context may depend on where children are habitually resident rather than their citizenship.

That makes understanding your position particularly valuable before making major decisions about where your family lives.

Your assets may cross borders too

Australians living in France may continue to own property, investments or other assets in Australia while accumulating wealth in France.

If circumstances change, those assets may need to be considered across different legal systems. Property located in different countries can potentially be treated differently depending on where proceedings are brought.

The same need for forward planning can arise when family members provide financial assistance. Was money from parents intended to be a gift or a loan? How has it been documented? What happens to that money if a relationship later breaks down?

These are much easier questions to consider when everyone is on good terms than after a dispute has arisen.

Marriage contracts and agreements deserve careful consideration

Australians living in France may also encounter a different approach to financial arrangements within marriage.

If you have a French marriage contract, an Australian Binding Financial Agreement, or are considering putting arrangements in place, it is important to understand how those documents may interact with your broader cross-border circumstances.

Rather than viewing these agreements as planning for a relationship to fail, they can form part of sensible financial planning — particularly where significant assets, businesses, family wealth or multiple jurisdictions are involved.

Inheritance adds another layer

For Australians who have made France home, succession and inheritance planning can also become increasingly important.

You may own assets in both countries, have beneficiaries living in different jurisdictions or want to understand how your estate planning fits with your family and financial arrangements.

It is another reason why looking at your circumstances as a whole — rather than considering your Australian and French affairs entirely separately — can be valuable.

The best time to understand your options may be before you need them

Seeking information about family law doesn’t mean you are contemplating separation or expecting a dispute.

It means understanding the landscape.

For expat families, decisions made early — including relocating with a child, transferring assets or delaying action — can sometimes affect the options available later.

Having a basic understanding of your position can help you plan rather than react, protect your financial interests, make informed decisions about your children and potentially avoid unnecessary disputes and costs.

For Australians building a life in France, that knowledge can simply be another part of protecting what matters — your family, your wealth and your future.

Where to find help

The Australian French Business Association (AFBA) is proud to be associated with Susan Warda, Partner at Mills Oakley and a leading international family law specialist, who assists Australians living in France to navigate the complexities that can arise when family, children and financial interests span Australia and France. https://www.millsoakley.com.au/our-people/susan-warda/

Susan advises on a broad range of cross-border family law matters, helping Australians understand how their connections to Australia may affect issues such as parenting arrangements, divorce, financial settlements, asset protection and relationship agreements.

As part of its commitment to supporting the Australian community in France, AFBA hosts regular events featuring Susan and other Australian and French legal specialists, providing practical insights into family law, succession, inheritance and wealth protection across borders.

These sessions are an opportunity for Australians living in France to stay informed, understand their options and hear directly from experts experienced in navigating the intersection of Australian and French law.

Join the next session on 14 September in Paris: ‘Navigating Family Law and Protecting Wealth Across Borders.’