Is a foreign divorce valid in Tunisia?

Answer by the AvoConsulte editorial team

It is valid in the country that granted it, but it is not always recorded in Tunisia automatically. Under the Code of Private International Law, foreign judgments on personal status, including divorce, need a Tunisian court's exequatur before they are entered in the civil-status registers, unless a treaty provides otherwise. Until then, your Tunisian records may still show you as married.

The French exception

Under the 1972 Franco-Tunisian judicial convention, French court judgments are recognised by operation of law. In practice, Tunisian consulates record a final French court divorce without exequatur, on presentation of the judgment and a certificate that no appeal or cassation appeal was lodged. Other bilateral treaties may contain similar rules, so a lawyer should check which text governs your case.

Why it matters

Until the divorce is recorded, you may be unable to remarry in Tunisia, update your Tunisian records, or rely on the judgment's orders on custody and maintenance before Tunisian authorities.

The exequatur procedure

The case is brought before the court of first instance where the other party lives or, if they have no home in Tunisia, the Court of First Instance of Tunis, usually through a lawyer. The court does not re-hear the divorce. It refuses exequatur if, among other things:

• the case fell within the exclusive jurisdiction of Tunisian courts;
• the rights of the defence were not respected;
• the judgment was annulled or suspended, or is not yet enforceable, in the country where it was given, or that country does not respect reciprocity;
• it is contrary to Tunisian public policy, or a final Tunisian judgment has already ruled between the same parties on the same matter.

Documents usually needed

• An official certified copy of the judgment, translated into Arabic.
• Proof that it is final, and proof that it was served.
• An apostille or legalisation, depending on the country.

Divorces without a judge

Tunisian law only knows divorce granted by a court. A divorce obtained abroad without a judge, such as a French divorce by mutual consent signed by lawyers and filed with a notary, is not recorded by Tunisian consulates: you must ask a Tunisian court for exequatur, and the outcome is not guaranteed. Get advice in both countries before relying on it, for example before remarrying.

Once recognised, the divorce can be recorded in your civil-status records through the municipality or your consulate.

For your own situation, consult a lawyer used to cross-border family cases; the AvoConsulte directory lists lawyers registered with the ONAT by city.

This answer was written by the AvoConsulte editorial team and gives general information only: it is not legal advice. For your own situation, consult a lawyer.

Sources

1. Code de droit international privé – L'exequatur des jugements et arrêts de juridictions étrangères (art. 11 à 18) Jurisite Tunisie
2. Loi n° 98-97 du 27 novembre 1998 portant promulgation du Code de droit international privé DCAF – Base de données de la législation sécuritaire tunisienne
3. Projet de loi autorisant l'approbation de la convention franco-tunisienne du 28 juin 1972 relative à l'entraide judiciaire en matière civile et commerciale et à la reconnaissance et à l'exécution des décisions judiciaires (texte de la convention) Sénat (France)