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My Australian wife is planning to file for divorce. She has had a french passport for nearly 20 years, I am french and our 2 boys are on french passport. We have been resident in the UK for 20 years and the children were born here. We got married 19 years ago in London and the marriage was then registered at the Consulate. Does UK law rule and is she then entitled to 50% of the assets? What are the immediate steps necessary to avoid a long painful process? Best regards.
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Hello,
Thank you for your question.
May I know if you and your wife are in agreement on the terms of your divorce?
I look forward to hearing from you?
No. We haven't gone through it in details but there will be disagreement on the split of assets as I generated all the income over 20 years and she never really had a salary.
Thank you for confirming.
I apologise for the delay in responding, but I was taken ill with the arrival of the cold weather.
I can confirm that UK law will apply to your divorce proceedings.
Since you mention that the division of assets is likely to be contested, you would be well advised to instruct a solicitor to assist you.
The court will look at all your assets and also your wife's and children's needs. It will make a decision on (1) how the family assets should be divided and (2) what maintenance award (if any) to make based upon all the evidence.
The starting point for division of the assets is usually 50/50. This includes all assets acquired during the time you were married.
From what you say, I would strongly recommend that you try agreeing a settlement with your wife if at all possible. You may want to ask “Resolution” for assistance. It is a lawyers’ association of family lawyers who can help in mediating a settlement, rather than fighting it out in the courts:http://www.resolution.org.uk/advice_centre/
You can also find out more about divorce proceedings in the UK on these websites:http://www.direct.gov.uk/en/Parents/FamilyIssuesAndTheLaw/index.htmhttp://www.hmcourts-service.gov.uk/infoabout/divorce/index.htmhttp://www.advicenow.org.uk/divorcehttp://www.divorceaid.co.uk/
I hope this answers your question.
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Experience: Lawyer with Maîtrise en droit & Licence spéciale en droit européen.