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Nick H
Nick H, Solicitor
Category: UK Family Law
Satisfied Customers: 38
Experience:  Ten year qualified Solicitor
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I am filling in form D8 in order to start Divorce

Customer Question

I am filling in form D8 in order to start Divorce Proceedings against my wife.
On part 3 "Jurisdiction" which one of the 3 options should I tick, taking into consideration that I am an Italian citizen who married in Belarus with a Belarus citizen and have been living together with her in UK since Nov 2010?Thank you in advanceDuccio
Submitted: 1 month ago.
Category: UK Family Law
Customer: replied 1 month ago.
Also, I would like to know if the following points can be used to support my application that I am asking for Divorce based on "Unreasonable behaviour"1) Alesia has never paid any money towards the rent of her room
2) Alesia has been having problems with alcoholism at least for the past 2 years
3) Alesia has been inviting to the house people of no fixed abode, for example Mr Valodia
4) Alesia is currently earning a living working as an escort and offering sexual favours in return for money to people she contacts on websites like Gumtree
5) Alesia has been constantly leaving her personal belongings and clothes in the common area of the house, which is shared with other 4 people, and she has also constantly left dishes and pans unwashed in the sink for days. This has been a constant for al the time she has been living here
6) Alesia's behaviour resulted in many tenants leaving the house over the course of the years
7) Alesia has been having parties with her friends in the garden, which carried on until after 11pm sometimes until 3-4am in the morning
8) Alesia is constantly verbally aggressive to me, and recently each time I tried to speak and resonate with her she ignored or provoked me on purpose by singing on my face while I was asking her if I could speak to her
9) There is a criminal investigation going on with Police, Reference 9239 3 Oct. 4626 255 / 16, since Mr Valodia and her took my racing bicycle from the house while I was away in Italy
10) Alesia has refused to have sex with me during our marriage, we never had sex in fact
Expert:  Nick H replied 1 month ago.

Hello Duccio

Firstly you and your wife are habitually resident in the UK. I am presuming in England or

Wales. Therefore you should check the box

Article 3(1) of the Council Regulation (EC) No 2201/2003 of 27 November 2003

then check the box

The Petitioner and Respondent are both habitually resident in England and Wales.

This should be enough to satisfy the court that they have jurisdiction.

In terms of your grounds for divorce what you state, if true, is easily sufficient to

claim 'Unreasonable behaviour'. I wish you good luck sir

Customer: replied 1 month ago.
Thank you Nick,They are all true, my question was more relating to the fact whether stating these facts is enough, or whether I need to accompany them with evidence.My other question is the following, along with a completed D8 form, I need to submit the "Original Certificate" of marriage.
We go married in Belarus and then registered the marriage with the Italian Consulate.I have a copy of the marriage certificate issued by the Italian authorities. How do I have it certified?
I have attached a copy of the documents I had from the Italian authorities, there are 2 different formats as you can see.Cordial regardsDuccio
Expert:  Nick H replied 1 month ago.

Hello Duccio

This is going to be slightly more difficult. I see no reason why the certificates will stand.

They are the 'Original Certificates' - however for the UK court to accept them they will need to be translated.

I think it would be best to take the documents to a local solicitor and ask them if they provide a translation service

sufficient for the transcript to be accepted by the court.

Customer: replied 1 month ago.
Thank you Nick,And do you know to which address should I send the completed d8 form and certificate?
I am resident at94 James Hammett House
Ravenscroft Street
London
E2 7QJThank you in advanceDuccio
Expert:  Nick H replied 1 month ago.

Hello Duccio

This is a link to the Law Society and a list of solicitors in your area

http://solicitors.lawsociety.org.uk/search/results?UmbrellaLegalIssue=LIUFAM&Location=E2+7QJ&Pro=False

Best give a few a call explain your situation as set out so far - then get quoted on cost.

Best of luck

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