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Nicola-mod
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Category: Family Law
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i live in england my wife lives in england although technically

Customer Question

i live in england my wife lives in england although technically she is resident in switzerland but she actually spends nearly all her time in england
i have a flat in england and some saving
my wife has just sold our house in switzerland against my wishes
It was in her name
She also owns a swiss business which i used to derive income from but now she has stopped this

what can i do?
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question
I shall do my best to help you but I need some further information first.
Do you consider your marriage to be at an end?
How long have you lived together and are there any children involved?
Claire
Customer: replied 3 years ago.

Hi Claire


 


We would not divorce as we are both christians


 


I would reconcile but phyllis wants complete separation


 


We have been married 26 years and lived together 35 years in total


 


our children are adults


 


It is just finding best way to share assets as she is at the moment on a much better deal


 


The company is the london teacher training office as uses a p o box in london as its address to the public


 


it is actually a small swiss company that my wife who is british owns


 


We built it up together although decided to keep it in her name as saw no reason not to at time


 


although technically she is resident in swit it for tax purposes as she has a local gp in seaford sussex and attend her local jehovah witness hall in seaford and is here ten months or more yearly

Expert:  Clare replied 3 years ago.
Hi
Would you be willing to apply to the courts for a Judicial Separation - which is much like a divorce but you remain married at the end of it?
Claire
Customer: replied 3 years ago.

yes no prob


 


main question relates to can i insist on getting separation in uk where I can do so in English and does my wife have the right to dispose of our assets in switzerland where my name not on papers but i have conrtibuted to in money and effort


 


She sold our house and furniture few hours ago despite my non agreement


 


I know it so complex but please help as dont know where to turn to for help

Expert:  Clare replied 3 years ago.
Hi
Hi
If you consider the relationship to be at an end but do not wish to have divorce then you can apply to the courts to be Judicially Separated - which is much the same as a divorce except that at the end of it.
Within the Proceedings you can apply for the Financial issues to be dealt with which would include a 50/50 division of all the assets - including the value of the business
I hope that this is of assistance - please ask if you need further details
Claire
Customer: replied 3 years ago.


Hi


 


Can i do it in english court although my wife claims technically has swiss residency although she actually lives in seaford


 


The business is registered in switzerland legally although she uses a uk address so students think it is actually based in london


 


does the above effect things?


 


paul

Expert:  Clare replied 3 years ago.

Hi Since you are resident in the Uk then you can issue proceedings here without difficulty Claire

Customer: replied 3 years ago.


Sorry Claire


 


just to clarify


 


Can I issue proceedings here?


 


I am now resident here My wife lives here most of year but has swiss residency and pays tax in Switzerland as better deal for her


 


She has already technically sold the swiss house which was in her name only am I entitle to half the proceeds?


 


Doesn't that complicate things?


 


hope to hear


 


paul

Expert:  Clare replied 3 years ago.
Hi
Yes you can issue here in the UK
The proceeds of the sale of the Swill property will form part of the assets for division between you
Claire
Expert:  Nicola-mod replied 3 years ago.
Hello,

Just a quick reminder, there is an unrated answer waiting for you here from the Professional.

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Thank you,
Nicola

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