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Clare
Clare, Solicitor
Category: UK Immigration Law
Satisfied Customers: 33276
Experience:  25 years hight street experience
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Hi I have decided to marry an Ukraine lady who has a child

Resolved Question:

Hi

I have decided to marry an Ukraine lady who has a child and bring her to the uk.

I am undecided if to marry her in the Ukraine or the Uk. Are there any advantages if in the future we get divorce and we end up in court over support and asset division.

There is a big difference in our material assets (she has nothing.) and I wish to know if their is any way I can protect my self in the event we get divorced in the future.

To make things more difficult she has a child of six years of age, I am not the father of this child.

I like to understand the most likely court interpretation of my responsiblities in relation to maintenance and child maintenance if we divorced after 5 years. Also the what the court would do about my current home which I own outright. Is there any relationship between adopting the child and support if we divorce.

Is a pre nupital agreement of any assistance or is it useless in view of the child.

This is a sad reflection of our times but I think it is sensible to understand the implictions of the decisions I am making.

Thank you
Submitted: 4 years ago.
Category: UK Immigration Law
Expert:  Clare replied 4 years ago.

Hi

Although pre-nuptial agreements are not totally legally binding at the moment a well drafted one which reflects the potential needs of the child will achieve what you ar e looking for in this case

In the absence of a pre or post nuptial agreement then in the event of a divorce after five years the priority of the court would be the safe and secure housing of any children until they were 18. Unless you had adopted her child or she had had your child then this would not necessarily mean that she stays in the property - just that you would have to pay her sufficient to allow her to rehouse herself and the child adequately - so a lump sum to pay a deposit and say six months rent and furnishing costs.

You would be liable to pay child maintenance (not via the CSA but their rates would be a guide) - you may need today spous e maintenance for a limited period - but that would depend on what you are each earning at the time.

Claire

Customer: replied 4 years ago.

If I married in Ukraine and divorce in Ukranie would the settlement be the same? What controls where the divorce settlement is decided in this situation.

 

i.e Could I divorce in Ukraine where I believe the settlement may be less onus. I am under the impression that all property before you are married is out of scope of a divorce settlement and only anything you have gained after your marriage is considered by the Ukraine court. Is Ukraine law the same as the UK that the court would consider me responsible for the child?

 

It seems unfair that the original father is not taking any responsiblity for the child and if I marry this lady with the hope that we have a long term relationship I could end up in a very bad position if things do not work out or if I was being taken advantage of.

Expert:  Clare replied 4 years ago.

Hi

The divorce will take place in the country in which you are resident - and I am afraid that I cannot comment in Ukrainian law at all.

As I have said the settlement would not in fact be over onerous - but that is of course a matter for you to consider in terms of what is right for you.

Claire

Customer: replied 4 years ago.

It is unfortunate you are not able to comment on the Ukraine side as I was looking for a balance answer. Are you able to pass this question to a fellow solicitor who can answer my complete question as at this moment only 1/2 my question is ansered.

 

Quote

 

I am undecided if to marry her in the Ukraine or the Uk. Are there any advantages if in the future we get divorce and we end up in court over support and asset division.

 

Thank you.

 

 

 

 

Expert:  Clare replied 4 years ago.

Hi

It does not matter where you get married - here or the Ukraine sinc e it is not where you get married that determines the settlement.

It is where you are living at the time of the divorce that determines what the settlement is.

Sadly there are no Ukrainian Law specialist on this site (at the moment) however the websites here http://divorceinukraine.com/page3.html which suggest that only assets acquired within the marriage are relevant within divorce proceedings

Claire

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