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History: Home UK Divorce Forum
Topic:
Desertion 15 years - Maintenance? (3 Posts)
Started By:
Date:
14 November, 2017 05:42PM
Desertion 15 years - Maintenance?
Mister2u - 14 November, 2017 05:42PM
Hello!
My brother got married about 20 years ago in the UK to a Japanese national. She did not get UK citizenship. They lived in the UK until about 2001 when she left the country and never came back. My brother has heard many times from her friends that she does not want to see him any more, but he has not been able to contact her directly. He's since been thinking about divorce and has tried to "layer up" but attempts to send her paperwork have failed or been refused. She's either in Canada or back in Japan (I am not sure). Her friends have told my brother that she's had paperwork from his lawyers a few years ago but she dumped them straight in the bin.

Now he wants to seek an absentee divorce on the grounds of desertion, if such a thing exists, but he's worried that she'll lay claim to half his house//money/everything if this successfully goes through and she finds out.

So 1) can he divorce her without having her sign anything, and 2) is there a way to mitigate the financial risks to him?

Not that it's relevant but for those interested she seems to have attempted a visa-scam in Canada a few years ago (failed) so we think that's why she married my brother but left as soon as she discovered a UK visa is not a done deal when marrying a UK national.
Re: Desertion 15 years - Maintenance?
trustquicksales - 15 November, 2017 04:33AM
Hi
if you want to get house then choose the right lawyer. take some advice from him and you will defiantly find the best solution.
thanks
Re: Desertion 15 years - Maintenance?
davidterry - 15 November, 2017 02:53PM
Your brother can get a divorce based upon five (or more) years' separation. This is a much safer ground than attempting to rely upon desertion which can be very hard to prove because it requires proof of a mental element. A divorce on the grounds of five years' separation can be obtained whether the other spouse can be found or not. However, before a court will proceed on the basis of the petitioner being unable to find her it will require evidence of the attempts made to do so. After such a long period of separation it is very unlikely that she would be able successfully to claim half his house. More likely he will obtain a divorce but financial issues will remain unresolved. Assuming everything is in your brother's sole name he will be able to continue his life as normal after obtaining a divorce.
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