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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34236
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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Can a French resident (the applicant) issue Court proceedings

Resolved Question:

Can a French resident (the applicant) issue Court proceedings for a financial settlement (Form A) in England without first getting special permission from the court? We are about to enter into an FDR but I (resident in England) did not make the application the French resident did. This was because under the French system the applicant's settlement will be far lower as the French Courts perspective on family wealth is very different. I issued the original divorce petition in England as an English resident. The divorce decree was absolute and complete prior to the application for financial settlement was made by the (French residing) applicant. The applicant still resides in France and was residing in France at the tie that she made the application. she did not seek permission from the court to make an application as a non resident.
The applicant has since also issued proceedings within the French Courts to establish child maintenance only (one of our children lives in England with me, the other in France with the applicant).
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is XXXXX XXXXX I will do my best to help you
I am afraid that she did not need to ask consent to issue the application.
By issuing the divorce petition here in the Uk yo made the decision about which country had Jurisdiction with regard to the Matrimonial Finances
She could apply for child Maintenance in France as the child is there and that is regarded as a separate issue.
I am sorry to have to give you unwelcome news, please ask if you need further details
Clare
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