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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33501
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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Hello. I am a British man looking for a divorce from a polish

Resolved Question:

Hello. I am a British man looking for a divorce from a polish man. We are both living outside Europe and have been for some years (and though she still has legal residence in poland). We have been separated since 2012. I am looking for a simple divorce with no children and no assets to separate.
I was born in england so want to know if I can have jurisdiction for divorce in england. If i can have jurisdiction what is the best way to proceed with a divorce in English courts, does a simple case like this need to go to court and how fast can this be completed?
Thanks.
Iain
Submitted: 2 years ago.
Category: Family Law
Expert:  michael holly replied 2 years ago.
To divorce in the U.K. one of you has to be resident in the U.K.so if you are both living abroad then a U.K. court would not have any legal jurisdiction to deal with divorce proceedings.
Best wishes
Michael
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is ***** ***** I will do my best to help you
In fact in England and Wales it is possible to obtain a divorce even if neither of you are currently resident in England and Wales provided neither of you are resident in an EU country and one of you can claim domicile here (this is not the case in Scotland)
Domicile is a very difficult concept - but if you still call yourself British and intend to return her at some point this can be sufficient
You can read more here
http://www.divorce.co.uk/divorce-advice/international-divorce
Please ask if you need more details
Clare
Customer: replied 2 years ago.

thanks for your response. that is helpful however I would need to know more about the clause in the article below:


" No other court of a “contracting state” to the European Convention known as Brussels IIA has jurisdiction, and either you or your partner is domiciled in England or Wales when divorce proceedings start"

We have applied for jurisdiction in a case in warsaw, poland. However this jurisdiction has not yet been provided.

At what stage would I still be able to get jurisdiction in england? Only before the polish courts agree their jurisdiction? once they have given jurisdiction this means that I cannot take my case I england?

also: I haven't been resident in england since I was 8 years old. between 8 and 21 I was in scotland. since I have been abroad except for one year when I was in brighton for studies.

grateful for your advice on this.

Iain

Expert:  Clare replied 2 years ago.
Hi
You are correct - once the Polish Court has accepted Jurisdiction then you can no longer issue a Petition in England and Wales.
Domicile is a very ephemeral concept and essentially since you were born here and came back to study and consider yourself English that could be sufficient
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33501
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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