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Divorce/separation

Married in Germany

7 replies

smileyforest · 10/05/2012 08:49

My DP married in Germany to a German women he met when he was in the army. He has been seperated for 3.5 years now and wants to divorce. He has lived in England with his ex for 20y......can he just file for divorce in England as normal or does it have to go through the german courts??? All finances sorted etc...youngest boy 16y and he lives with Dad...other 2 boys left home. Ex lives with new bf....
Anyone know????

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MousyMouse · 10/05/2012 08:56

is your dp german?
does he live in the UK?
I believe he can file divorce in the uk if he lives here. he might still be liable to pay maintainance to his children, if they are under 27 and in higher education iirc.
do get proper legal advice, maybe toytowngermany can lead you/him in the right direction (caution: vipers nest but helpful)

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smileyforest · 10/05/2012 09:35

Hello...Dp English.....married in Germany when in the army...returned here and been here since....she is in England too. All boys stayed with their Dad...she was the one to leave.

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smileyforest · 10/05/2012 09:35

Yes both live in UK

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Xenia · 10/05/2012 09:43

Yes but do be aware that there may be a choice and the one who gest in first may seize jurisdiction. he should look at in which country he will pay least and he may need legal advice on that. The UK tends to be the worst country in Europe for higher earners paying to lower earners (as I know being a higher earner woman paying out to a lower earner spouse on divorce) so if he earns more he may find divorcing her in Germany if that remains possible costs him a lot less. Definitely worth considering unless there is very little money anyway.

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smileyforest · 10/05/2012 09:57

Little money.....house sold...paid off debts...straightforward divorce......wont be contested.....boys taken care of.....dosent even need a solicitor tbh....wants to go straight to the courts like I have done.....I just dont see why it cant....even though married in Germany but have lived here for 20y...and he is English....she still lives here....

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Xenia · 10/05/2012 15:16

They can divorce here as far as I know. If she started a divorce in Germany then it would be different. They need to agree a consent order - the finances, not just get the decree absolute otherwise if he won the lottery tomorrow or whatever she would have a share ditto if he bought a house. They must achieve both decree absolute but agreement sealed by the court ni a consent order for the financial side too on a clean break.

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MOSagain · 10/05/2012 16:34

Yes, he can commence divorce proceedings in england as he is domiciled here. He will need the original marriage certificate. Does he have it? If not, he will need to obtain a certified copy which may take him a little time bearing in mind he married in Germany a long time ago.