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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34589
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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UK law.Complicated because I am actually resident in France.I

Resolved Question:

UK law.

Complicated because I am actually resident in France.

I have just been forced to start divorce proceedings against my wife.

This issue does not come under French law it is totally an English law issue

We have 3 properties that are jointly owned in the UK and one which
which is jointly owned in South Africa
there is also a property in the UK which is totally in my wife's name
(my stupid mistake)

All of these properties have been paid for 100% from my earnings

What can I do?
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
So you have issued divorce proceedings her in England.
how long gave you been married and are there any children involved.
What are the assets worth and what income do you each have?
Clare
Customer: replied 3 years ago.

Hi Clare,


sorry for not replying but your response came at 1.25 am my time.


 


Divorce proceeding in France as we are both French resident so it can not be done in the UK.


 


However French courts have no jurisdiction over property outside of France.


 


The issue is what can I do under English law with regards ***** ***** owned UK properties.


 


The value of the UK properties is approximately £390,000

Expert:  Clare replied 3 years ago.
Hi
May I ask why you believe that the french divorce cannot deal with the UK assets?
Clare
Customer: replied 3 years ago.

It is simply that they have no jurisdiction over assets not in France
This is based on advice by my French lawyer

Expert:  Clare replied 3 years ago.
Hi
That is not in fact entirely correct
French family law can deal with the issue of properties owned here in the Uk - and any Order can be enforced here
Accordingly any application you make here is likely to be "stayed" by the Court on the basis that it should be dealt with within the divorce proceedings - Case law is here
http://www.familylawweek.co.uk/site.aspx?i=ed1937
I hope that this is of assistance - please ask if you need further details
Clare
Clare and other Family Law Specialists are ready to help you
Customer: replied 3 years ago.

Thank you very much

Expert:  Clare replied 3 years ago.
Hi
You are most welcome
Clare