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What is the worst that can happen when I return to UK (5 Posts)
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01 March, 2017 04:30AM
What is the worst that can happen when I return to UK
JohnTheExpat - 01 March, 2017 04:30AM
A nice complicated one, I am a non UK, EU citizen with a Russian wife, two kids (3&6). I worked in the UK for 13 years before going abroad for my company.

My marriage is virtually over, I will leave all the reasons out of the equation here, my main question is this:

I live now abroad in Africa and have been given (short) notice by head-office that I need to return to the UK end of April. I have been toying with the idea to file for divorce whilst still outside of the UK for a while now, but my fear is that I loose my two kids (wife takes them to Russia). To make one thing clear; it is very important for me to ensure my kids grow up with good education and in a safe place. I can provide that in the UK - I can rent a very decent house, arrange visa's and get passports for my kids with my nationality.

My worry is that the accommodation I am looking at is really good, but expensive. Close to my office and two great schools, its is the place I want to go for. But once I am settled there and within one year I go through the uk courts for a divorce, what can I expect?

Will they rule that my wife and kids can stay in the expensive house, will my wife be entitled to all the new things I will need to buy in the next month (the house is bare). I am torn between being financially ruined and my kids having a good shot in life.... and I could do with a bit of advice... since the deadline to commit to this house, and to move is getting closer and closer....

To make it clear, lets say that after taxes I make 2250 a month; the house costs me 850 a month, plus bills and utilities 1150. Can a court decide I will just have to keep on paying that amount out of my income to support wife and kids?
Re: What is the worst that can happen when I return to UK
brummie12 - 01 March, 2017 09:20PM
Is your wife currently claiming benefits in the UK?
Re: What is the worst that can happen when I return to UK
JohnTheExpat - 02 March, 2017 05:20AM
No, me and her live in an African country on my wage, she does not work and she never lived in the UK - after our marriage in Russia we left for Africa (less visa paperwork to think of)....
Re: What is the worst that can happen when I return to UK
davidterry - 02 March, 2017 09:10AM
There are few, if any, divorce jurisdictions more favourable to your wife than the English divorce jurisdiction. Therefore if you have the choice you should get divorced elsewhere. Your wife is Russian, you were married in Russia and you currently live in Africa. There is a good chance that some other country has jurisdiction. You would be wise to check that out.

I note what you say about the children but there are two things worth saying about that:-

1. It is the country where the children habitually live which has the primary jurisdiction in respect of children.

2. These are young children and young children usually live with their mother. Although you think you can give them a 'better life' it would normally be damaging to separate children of this age from their mother.

Edited 1 time(s). Last edit at 03/03/2017 09:49AM by davidterry.
Re: What is the worst that can happen when I return to UK
brummie12 - 02 March, 2017 07:01PM
Just send her to Russia, don't sponsor her marriage visa in the UK. She will have no chances of finding you or chasing after money as they will not allow her in! (unless she is a neurosurgeon able to secure a work visa of course)
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