Recent Feedback
My daughter is married to a French National. They have been living in Switzerland for the past 3 years but returned to the UK at the end of last year. My daughter always retained her British citizenship. Her husband has now gone back to live in France with no real explanation. If he starts Separation or Divorce proceedings from that country does that mean that it will all take place in France----with all the related costs to her ?Conversely, if she initiates proceedings in the UK will he have to travel to the UK for all hearings.?
Already Tried: This applies only to the UK and France { or possibly the EU}. The necessary legal steps will of course be taken. This is trying to protecting my daughters back as she is reluctant to take the first step.
Hallo
The first question to ask is where were your daughter and son in law married?
Thanks
Ben
Switzerland
Then the divorce should rightly be petitioned in the state that has most connection with the marriage; in this case Switzerland. It is possible to initiate proceedings in the UK but first your daughter would need to satisfy the Court that they could take jurisdiction based on her domiciliary law.
Kind Regards
Ben.
Thanks for your reply.but what exactly do you mean by domicilary law ? She has been living in Switzerland for the last 4 years and he has an office there so things seem to be stacked in his favour. She has no intention of going back to live in Switzerland,in fact she accepted £100,000.00 from him to give up her half share of the house they lived in in Switzerland.
I told her at that time what was going to happen and I was more convinced of this when he took a one year rental over here rather than buying a house.
Many, many thanks
Her domicillary law is the law of the land she is domiciled in, in this case, the country in which she has made her permanent home or has the most connection with.
If she has permanently moved back to the UK then she may be able to show that her domicile is the UK.
Experience: LL.B.(Hons) Pg.Dip.L.P.