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Clare
Clare, Solicitor
Category: UK Immigration Law
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Experience:  25 years hight street experience
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Am a UK citizen, married in the UK civil Registry office with

Customer Question

Am a UK citizen, married in the UK civil Registry office with a French Citizen. Have been expatriated and separated from French wife (living in France) for more than 5 years but still paying her costs in France. I work for a French company on a French contract (currently expatriated in Malaysia). I want to file for divorce on the grounds of irreconsiable differences (no agression on either side) and need to knwo whether I can file in the UK (since neither of us live there at present) or whether I have to file in France (where my estranged wife currently lives).
Submitted: 1 year ago.
Category: UK Immigration Law
Expert:  Clare replied 1 year ago.
Hi
Do you have any links left with the UK?
Claire
Customer: replied 1 year ago.

My mailing address is my father's house in North Wales. I return to the UK each year on vacation to stay with my parents.


I have a new partner (Nigerian) & 2 children (ages 2.5 & 1 year old) who live with me in Malaysia. I cannot get my company to accept responsibility for her as my legal partner until I am officially divorced. Dilemma. I heard that I cannot divorce in the UK as neither my estranged wife or myself have been officially resident in the UK in the last 12 months. I pay social security and declare taxes (but pay no income tax) in France since my contract with Total S.A. is a french contract.

Expert:  Clare replied 1 year ago.
Hi
Does your ex want there to be a divorce?
Claire
Customer: replied 1 year ago.

Sorry (time difference from Malaysia).


She says she is willing to divorce BUT whether she really wants to or not is in question. Since I gave her the control 12 months ago and told her to chose a lawyer to act on behalf of both of us, she started the process but recently told me that lawyer cannot act for both of us, even though I had already provide the lawyer and my estranged wife with copies of all bank details, savings, shares, company retirement / investment paperwork etc (via email so I have records). As a result I have to assume she really does not want to actively promote the divorce. Why should she? i am still sending her Euro 3500 per month to pay for her apartment rental and basic living costs in Paris, as well as the tuition and living costs of our 23 year old son in Brussels. This is a key reason why we need to finalise the divorce, because I cannot afford to continue paying this kind of money each month now that I have been transferred from Nigeria and my take home salary is substantially reduced.


So to answer your question, I am working on the assumption that she does not want a divorce exactly, but that she would probably not too agressively be against it. I have sent her an email asking this question directly but she has not responded yet.

Expert:  Clare replied 1 year ago.
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Customer: replied 1 year ago.

She would probably not object to the divorce if we had professional advice on the split of assets (in this case just finance as no property is involved). BUT the risk is that we both need to receive professional legal & financial advice on how to prepare and propose an equitable financial split. Who can advise us on this? A UK lawyer / Notary? How does this work? Once these details are clarified I believe the actual divorce process will go ahead uncontested. Can you advise who I should talk to on preparing an offer on a equitable financial split after more than 20 years of marriage?

Expert:  Clare replied 1 year ago.
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Customer: replied 1 year ago.

Apologies for rating "poor service" but I was perhaps expecting more from a paid service, and also am a little concerned at providing such personal information that is possible posted on an open site for anyone to read. My mistake for not understanding this beforehand.


To be honest, I was expecting a little more genuine advice on perhaps European lawyers / notaries etc. Given the EU standing and the amount of possible "mixed" marriages, I would have assumed that more information to support cases like mine might be available.


However, I assume I am to go in search of English speaking family lawyers myself in France to progress on this matter.


 

Expert:  Clare replied 1 year ago.
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Clare
Clare
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25 years hight street experience