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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34105
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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there,I got married in th UK and would like a divorce

Resolved Question:

Hello there,I got married in th UK and would like a divorce but have lived in Geneva Switzerland since 2013!Am I able to do the divorce in the UK?We have no children and no assets together, we have been physically separated for two years but are in touch and amicable, he is also out of the UK. We just want to make the separation legal.
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 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.
Which country do you each live in?
Clare
Customer: replied 2 years ago.
Hello Clare, thank you for responding to my query. So I live and work in Geneva and he is living in Ivory Coast. Cheers Agatha
Expert:  Clare replied 2 years ago.
HI
Just to check - are either of you UK citizens or do either of you retain a home in the UK?
Clare
Customer: replied 2 years ago.
I am a UK citizen and he is a French citizen. We do not retain a home in the UK. Cheers Agatha
Expert:  Clare replied 2 years ago.
Hi
What links do you still have in England or Wales?
Clare
Customer: replied 2 years ago.
I have extended family there, but not sure what you mean by links. My bank account is still functional, and I visit often. Otherwise I moved for work reasons and hope to come back one day in the future.
Expert:  Clare replied 2 years ago.
Hi
How far in the future - and are your closest relatives here?
Clare
Customer: replied 2 years ago.
Is this pertinent to whether I can do the divorce now? I just want to know if we can divorce there or not given that we do not live there anymore. Many thanks
Expert:  Clare replied 2 years ago.
Hi
Unfortunately it is very relevant.
Since neither you nor your ex are resident in the Uk you can only issue a Petition here in England and Wales if you can prove that you are domiciled here.
Domicile is a difficult concept to convey - but essentially it comes down to wether or not you can show that you still consider this country "home" - so if your parents are still here and you intend to come back in say five years time that could be sufficient.
I hope that this is of assistance - please ask if you need further details
Clare
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