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History: Home UK Divorce Forum
Topic:
Husband living broad (4 Posts)
Started By:
Date:
02 November, 2009 07:38PM
Husband living broad
magpie - 02 November, 2009 07:38PM
My husband and I married in the UK over 15 years ago and he has moved back to his own country and having been back there nearly a year he now wants a divorce. He says that he can divorce me from there ( South America ), but I am fairly certain as we married here, he would have to petition from the UK under English law and not from there.
I supported him for many years and he is now also insisting on 50% of everything. Where do I stand in terms of where he can petition and also if I can prove I have supported him can this be taken in to consideration? I am more than eager to have a quick non expensive divorce. I am near retirement age and so worried.
Re: Husband living broad
davidterry - 03 November, 2009 09:38AM
Your husband is probably right that he can divorce you in South America. Where you can get a divorce does not depend upon where you were married. Jurisdiction to petition for divorce usually depends upon which country one spouse is habitually resident in or domiciled. Since your husband is originally from South America and also now lives there he is quite likely able to issue a divorce petition there either on the grounds of habitual residence or domicile or both.

By the same token he (or you) can issue a divorce petition in England because that is presumably where you are resident and domiciled. When there is a choice of jurisdiction like this it is normally the one first to the punch who wins the contest of jurisdiction. If your husband issued a divorce petition in South America then that would probably be very inconvenient for you. It may be difficult or impractical for you to be represented in proceedings there. Similarly your husband might find it inconvenient for him if you petitioned for divorce here. On the balance of convenience you may want to issue divorce proceedings in England.

Before you do that, though, you need to consider whether it might be in your financial interest to allow your husband to petition for divorce in South America. The range of orders a court might be able to make there could well be restricted if the assets of the marriage are located in England. For instance, a court in South America would not be able to make a pension sharing order which affected a pension held in England. On the other hand you may have a jointly owned property in England such as a house. And to get that property transferred into your sole name you would need an order of an English court. There are often pros and cons to these things where there is a choice of jurisdiction and you do have to balance these up.
Re: Husband living broad
magpie - 03 November, 2009 10:50AM
Thank you so much for your advice. I had best try to get the "first punch" , here in the UK.

Best wishes
Re: Husband living broad
davidterry - 03 November, 2009 11:29AM
Well, do remember the financial outcome may be different in the two possible jurisdictions. Sometimes the inconvenience of using a particular jurisdiction is outweighed by the financial advantage of doing so. It rather depends what the financial issues are likely to be between you and your husband.
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