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Divorce? How, and can I file in the UK?

(15 Posts)
Lavenderhoney Tue 14-Jan-14 18:53:14

I don't know how to go about divorcing my French husband. We married in france, have 2 children and lived in the Middle East for the last 5 years.

I'm now in the uk, and I wonder if divorcing is possible from here, as he lives in the UAE.

Neither of us want to marry again and I haven't mentioned it to him yet. I'm worried if he is in the UAE he won't have to support the children? He might be very difficult when he finds I want a divorce. I would carry on as we are, but we will never live together again.

Any help really appreciated thanks

Apparentlychilled Tue 14-Jan-14 18:56:11

I think you need to take specialist legal advice on this. There are clearly serious questions of which country is the right one to file for divorce in, and it's an important point which you need to get right. Maybe contact an internation law firm which deals with divorce?

Collaborate Tue 14-Jan-14 19:50:17

How long have you been back in the uk?

Lavenderhoney Tue 14-Jan-14 20:06:39

A month- I don't know whether we should divorce or just leave things as they are. Does it make any difference unless one of us wants to marry?

mumblechum1 Tue 14-Jan-14 20:50:48

Are you a UK citizen, and are you usually resident here, or domiciled here?

babybarrister Tue 14-Jan-14 20:56:35

Look at article 3 Brussels ii revised regulation to work out where you can divorce. Having worked out where you can divorce you then need to decide where is best for you! If you tell me more or less where you are I can recommend someone

Lavenderhoney Tue 14-Jan-14 21:01:14

I'm a UK citizen and so are the children. Thing is, he is being very generous and easy going about it all ( paying our rent, giving me money for the children) at the moment and is quite happy the way things are. I'm not sure what difference it will make to divorce except cause a lot of upset and difficulty and expense to achieve the same thing?

I suppose I just don't know the risks if we don't divorce? Apart from if I travel to the UAE for a holiday and he refuses to allow the dc back to the UK, which in all honesty I can't see him doing at all. He was ok for us to go.

Baby barrister, ill pm you if that's ok about where I am.

Lavenderhoney Thu 23-Jan-14 22:45:55

Ok, been thinking and how long does a divorce take? I feel I should have known all this before I got marriedsad

westcoast Sat 25-Jan-14 03:09:59

Lavender, I followed your other thread.

I think you will need to file your petition to divorce in France. However ask yourself this, "Should I give myself a few more months (maybe longer) to get on my feet?" It is possible your husband might become quite upset and withdraw his financial contribution/obligation to you and your children. You probably won't have much recourse to get financial assistance from him when he is working in UAE and you are in the UK. If there is no pressing need to divorce I would research the steps to divorce and what your are legally entitled to but wait until you are more settled in at home in the UK. I am not saying you shouldn't divorce just be careful.

Good luck to you, all the very best.

westcoast Sat 25-Jan-14 03:11:08

p.s Don't beat yourself up over not knowing the laws. I doubt there are too many people that marry thinking "I should know divorce law".

westcoast Sat 25-Jan-14 03:13:26

This might help you http://france.angloinfo.com/family/marriage-partnerships/divorce/

Lavenderhoney Sat 25-Jan-14 08:10:00

West coast, thank you.
With any other life long contract that affects everything -if there was such a thing, a mortgage comes close I suppose in length and potential devastation, wouldn't sign it without knowing how to get out of it/ protect myself.

The hearts and flowers round the marriage contract have a lot to answer for. Blinded by hope!

And I will be careful, thank you.

babybarrister Sat 25-Jan-14 20:50:29

It is not correct that you can only divorce in Grance. After 6 months living in UK you can divorce there. It will probably be much more advantageous to you financially. Please go and take good advice

iheartdusty Sun 26-Jan-14 15:53:15

the UK has a reputation for being much more generous to divorcing wives than some other countries. Many women pull out all the (legal) stops to get divorced here, if there are other options. I support what babybarrister, collaborate and mumblechum have said - get specialist legal advice.

babybarrister Sun 26-Jan-14 18:39:05

Not the UK that is generous but England and Wales as Scotland on a par with much of continent ...

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