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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33521
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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international divorce

Customer Question

My husband and I were married in 2009 in Maryland, USA, and would like to get a divorce. We have been living apart for almost three years. We have no children and we agree that we do not want to claim any financial provision, pension sharing, maintenance pending suit, property adjustment or other kind of payments from each other. I am a banker in London and my husband is an attorney in Germany, each of us is able to provide for her/himself (we have same salaries). We are currently debating whether we file for divorce in Germany or in England. Since we are not familiar with the English divorce law, we have the following questions:



  1. 1)Assuming that there is no dispute with regard to property and both consent to the divorce, how much total fees will we have to pay? is it just £ 410?


 



  1. 2)The guide from GOV.UK provides “You must have a marriage that is legally recognized in the UK …”. There is no entry of our marriage in the Register of Marriages in the UK. What are the requirements to be legally recognized in the UK?


 



  1. 3)Will the court in England assume jurisdiction? We lived together in Germany for a few months before I moved to London in 2011. My husband has no contacts to England. Art. 3 (1) of the Council Regulation (EC) No 2201/2003 provides that it is sufficient if “the respondent is habitually resident or in the event of a joint application, either of the spouses is habitually resident”. Must my husband file for divorce so that I becomes the respondent (first alternative)? Does the English law provide for a joint application as referred to in the Council Regulation? Or can I file by myself (ideally)?


 



  1. 4)All provisions in the Matrimonial Causes Act 1973 (hereinafter referred to as “MCA”) give the court the power to make decisions and issue orders in its sole discretion, e.g. Sections 23 Financial provision orders, 24 Property adjustment orders, 24A Orders for sale of property, 24B Pension sharing orders, 25 Matters to which court is to have regard in deciding how to exercise its powers ss. 23, 24, 24A MCA. Does the court have the power to issue orders which deviate from the consent of the spouses? If yes, what is the likelihood that the court will issue orders deviating from our consent in our case?


 



  1. 5)Is it possible to finally and binding waive all claims (financial provision, property adjustment etc.) against the spouse in the divorce proceeding? If no, are all claims waived by a party if he or she gets married again to a third party?

Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is XXXXX XXXXX
I will do my best to help you but I need some further information first.
What nationality are you both - an dhow long have you lived in London?
Clare
Customer: replied 2 years ago.
Dear Clare, thanks for your note. I am a US citizen, my husband is a German citizen. I have lived non stop in London since June of 2011.

Many thanks
Expert:  Clare replied 2 years ago.
Hi
Thank you - dealing with the questions in Order
1. The Total COURT fees are likely to be £500 - Solicitors costs will be on top of that
2. The Uk does recognise US marriages so there is no need to do anything else
3. Since you have lived in the Uk for more than a year you are classed as being habitually resident here
4. The Court doe shave the power to refuse to make a Consent Order if the Judge does not consider it fair - however given all that you have said it is very unlikely that this will happen
5. Within the Divorce Proceedings you can apply to have a Consent Order dismissing all further claims that you may have against each other sealed by the court - which represents a final end to the financial links
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 2 years ago.


Many thanks for your reply Clare. Just wanted to clarify one thing:

 

May I file for a divorce (my preferred option)? Or must my husband file so that I become a respondent? If latter is the case, does the English law provide for a joint application as referred to in the Council Regulation?

 

Thanks

Expert:  Clare replied 2 years ago.
Hi
No you are eligible to file yourself
Clare
Customer: replied 2 years ago.


Many thanks for your replies Clare, we will discuss tonight and revert if there is anything else we want to clarify.

Expert:  Clare replied 2 years ago.
Hi
That is fine
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33521
Experience: I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
Clare and other Family Law Specialists are ready to help you
Customer: replied 2 years ago.


Dear Clare, in reference to your answer above (5. Within the Divorce Proceedings you can apply to have a Consent Order dismissing all further claims that you may have against each other sealed by the court) -


 


-when is the appropriate time (at decree nisi, or at decree absolute application filing) within divorce proceedings to apply for Consent Order?


-is there a particular Concent Order form we could use?


 


Many thanks again for all your help.

Expert:  Clare replied 2 years ago.
Hi
It is generally applied for after the Decree Nisi and before the Decree Absolute
There is no general form - it will need to be drafted for your particular circumstances
Clare

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