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Thomas
Thomas, Solicitor
Category: UK Family Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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Can a couple with UK citizenship who were married in Cambodia

Customer Question

Can a couple with UK citizenship who were married in Cambodia process their Divorce in the UK . The women in the marriage also has a Cambodian Passport .
Submitted: 1 year ago.
Category: UK Family Law
Expert:  Thomas replied 1 year ago.
Hi

Where do you both live please?

Tom
Customer: replied 1 year ago.

The wife has been in Cambodia for just over a 1 year and the husband just arrived recently to see their 4 year old son . The wife left England to get away from the husband who is an Alcoholic and has been abusive and utterly controlling for the last 7 years of the marriage . He is now seeking to get the Divorce in Cambodia and is doing so by claiming Adultery .The wife fears for her safety as Adultery is punishable be jail sentence . The husband is making constant threats to his wife about getting her put in jail . He is also wanting custody of their child .

Expert:  Thomas replied 1 year ago.
Hi

The English courts have jurisdiction to grant a divorce in England if either spouse

(a) is domiciled in England or Wales when the proceedings are begun, or
(b) is habitually resident in England or Wales throughout the period of one year ending with the date on which proceedings are begun.

If a divorce petition were issued now neither of you would be regarded as being habitually really resident, therefore you couldrely on B above.

It is possible for you to divorce in the united kingdom provided you can show you are domiciled in the united kingdom, thereby meeting a) above.

Domicile is more wide ranging. It is broadly he strongest connection a person can have to his or her country, and is acquired on birth

If it is the case that you were both born in the united kingdom then I would expect you to be regarded as being domicile in the united kingdom and therefore I entitled to issue a divorce petition.

If this is useful please kindly click accept and rate my answer as okay service or above. If you do not then I do not receive any credit for the time I have taken to answer your question.

Kind regards

Tom

Customer: replied 1 year ago.

Tom , does it matter if proceedings have started in Cambodia , although no court date has been set for the first hearing . The wife is happy to resume living in the UK and obviously wants to avoid the prospect of going to jail if Adultery can be proven .

Expert:  Thomas replied 1 year ago.
Hi

Yes, she should still be able to commence divorce proceedings in the united kingdom provided that the divorce in cambodia has not been finalized.

Please remember to rate my answer.

Tom
Thomas, Solicitor
Category: UK Family Law
Satisfied Customers: 6591
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and 2 other UK Family Law Specialists are ready to help you
Expert:  Thomas replied 1 year ago.
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BA (Hons), PgDip, Practising Solicitor