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Any experience of English expat divorce?

(12 Posts)
FlounderingWildly Sun 10-Apr-16 10:11:19

Considering my options. British couple living in mainland Europe, 2 dc aged 8 and 3. Anyone got any experience of a British divorce whilst living abroad? Especially in relation to coming back home with the kids.

FlounderingWildly Sun 10-Apr-16 10:14:15

We have a jointly owned property in UK with mortgage and all family are in uk. H works ft. I am freelance but only earning a little as it's nigh on impossible to work here with workaholic partner who is often away and all local childcare finishes at 4.30.

babybarrister Sun 10-Apr-16 11:02:31

You need to take very careful and expert legal advice as to which jurisdiction is going to be better for you financially - UK does not exist - it is England Wales, Scotland or N Ireland and they all have very different outcomes, especially Scotland.

Remember that just because the divorce and finances might be dealt with here, it does not mean that children issues are - you will need your ex consent or an order of the overseas court in order to relocate back here .....

PM me with the jurisdiction if you want a recommendation for a lawyer specialising in cross border work for that country

mummytime Sun 10-Apr-16 11:09:01

If you divorce whilst still both overseas, one partner could easily force the other to remain (or the children to remain) in that country.

babybarrister Sun 10-Apr-16 11:11:29

where the divorce goes on is NOT relevant to which court deals with children issues unless the parties agree IN WRITING that the court should indeed move from the court where the children are habitually resident to a court dealing with the finances

do not confuse the issues - you are into some very complex legal territory here ....

CommonBurdock Sun 10-Apr-16 16:12:12

I filed for divorce in UK, after 11yr marriage abroad, X from another EC country. But we were all living in UK at the time I filed, had been for 6 months. Subsequently and very stupidly withdrew petition due to EA pressure from X. It would've taken 6-9 weeks. Now proceedings underway in his country and still not divorced 2.5 yrs later as he won't let kids live with me.
What's his position on where DCs should live? It all hinges on that.

FlounderingWildly Sun 10-Apr-16 17:05:47

I think I will be better off playing the long game here then. We are (hopefully) due to move back in about 15 months. That will give me time to put together a plan and put aside some money. It also means if he tries to renege on our agreed time out here I'm that much more armed with information and ready to go ahead. I can spend the time researching and planning.

Gutted but the thought of having to separate and stay here is worse than biding my time.
Thank you for all your help and advice. It really is appreciated.

babybarrister Sun 10-Apr-16 18:05:09

Understand where you are coming from BUT if the place you are living in is within the EU but not Denmark then I am afraid it is a dangerous game you are playing as it is first come, first served in terms of divorce petitions - what that means is that he could commence divorce proceedings there at any time which might be very bad for you financially - have a read of the Brussels II Revised Regulation Articles 3 and 19 ....

FlounderingWildly Sun 10-Apr-16 20:15:29

Thanks for the heads up babybarrister I will have a look. Tbh me being here suits him. He works long hours and is away a lot and because I sort everything out he doesn't have to. Lots of day to day life is not so bad but the balance we have between us us not good. It's too far favoured towards him. He has it good and he knows it. But he is not abusive and it would not be in his nature to file without a discussion first. And neither would i. But I would want to be armed to the teeth prior to a discussion! I hope that makes sense?

babybarrister Sun 10-Apr-16 20:52:24

please PM me tell me the jurisdiction and get some advice NOW then you will have all the facts on which to decide - it is a real minefield so be warned ....

FlounderingWildly Mon 11-Apr-16 08:49:35

Thanks for your recommendation and all your help babybarrister I really appreciate it

babybarrister Mon 11-Apr-16 14:55:47

pleasure - please do follow it up though NOW so you can weigh up your options with proper knowledge ....

AW is a very nice guy!

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