Rome III is the informal name for Council Regulation (EU) No 1259/2010, a law that allows certain EU countries to adopt a uniform set of rules for determining the applicable law in cross-border divorces and legal separations.

It’s designed for situations where spouses have different nationalities, live in a country that is not their home country, or have lived in multiple countries during their marriage.

It’s important to note: not all EU countries participate. The regulation applies in a group of “participating member states” that have chosen enhanced cooperation in this area, including France, Spain, Italy, Germany, Belgium, Luxembourg, and others. The UK, Ireland, and Denmark opted out.

Yes!

Citizenship is not the key factor. What matters is where you start your divorce proceedings. If your divorce is filed in a participating member state, Rome III rules apply, even if neither spouse is an EU citizen.

That’s why it’s particularly relevant for expats living in France, Spain, or other participating states.

Rome III deals solely with which law applies to the divorce—not which court has jurisdiction. The Brussels II regulations deal with jurisdiction and recognition of judgments.

It’s possible, for example, that a French court has jurisdiction under Brussels II, but under Rome III the law applied could be that of another country.

Choice.

Spouses can agree—before or during the proceedings—on which national law will apply to their divorce. This can have a major impact on outcomes such as property division, spousal maintenance, and even child-related issues (though custody is regulated separately).

Comparison: French Civil Law vs Common Law in divorce

• French Civil Law: Divorce is governed by codified statutes, with relatively predictable outcomes. The law emphasises equitable distribution, but not always a strict 50/50 split. Spousal maintenance is considered based on need and resources, not fault.
• Common Law (e.g., England & Wales): Courts have broader discretion, often aiming for a “fair” result, which can be more generous to the financially weaker spouse, especially in long marriages.
• Impact for Expats: Choosing French law could result in smaller maintenance awards and quicker procedures; choosing common law could increase financial awards but increase litigation.

If you don’t make a choice, Rome III has a hierarchy of “connecting factors” (last common residence, nationality, etc.) that will decide the law for you. This may lead to the application of a law less favorable to your situation.

If you are an expat in France or another Rome III country and want to secure the most favorable divorce law, book a consultation with our international family law team today. We can guide you in choosing the right law before you file.

Rome III applies a hierarchy:

1. Law of the spouses’ last common habitual residence, if one still resides there.
2. Law of the spouses’ common citizenship.
3. Law of the forum (where proceedings are started).

Because “habitual residence” can be interpreted differently between civil law and common law traditions, and because nationality rules vary.

Example:
An English-French couple last lived together in Paris. The husband moves to London, the wife stays in France. If divorce is filed in France, the applicable law will likely be French law, even though one spouse is English.

Impact of Civil vs Common Law Differences

• Property Division: French law applies the matrimonial property regime (e.g., community of acquisitions unless otherwise agreed), often resulting in equal division of property acquired during marriage.
• Common Law: No automatic property regimes—court decides division based on needs and contributions, which could yield a different outcome.

Not usually—unless there is a strong argument that the connecting factor has been misapplied or is manifestly contrary to public policy.

If you think the default Rome III rule will hurt your case, act before proceedings start. Book a strategic consultation to plan your filing location and applicable law choice.