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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2848
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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Can I apply divorce in uk(we were married there)

Resolved Question:

Hi, Can I apply for the divorce in uk(we were married there) if only my husband has a residency there and mine Iain Italy?
Submitted: 1 year ago.
Category: Family Law
Expert:  Harris replied 1 year ago.
Hi, thank you for your question. If you husband still resides in England or Wales, either of you are able to pursue a divorce here. If you have been separated for two years you can apply under this fact but it will have to be by agreement. If you have not been separated for two years, you will have to rely on either unreasonable behaviour or adultery in order to pursue the divorce.Please let me know if you have any further questions about this. Please provide a positive rating if you found this helpful. I will not be credited for answering your question without a positive rating.
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Customer: replied 1 year ago.
How do I proceed with filing for divorce? We are only separated for 1,5 year. The reason I wanted separation is his drinking and the drug problem. My situation is too complicated as we have a business in uk, where I am no longer a director but he is. However I still have the shares in the business but he refuse to pay them to me. What can I do to force him to pay them to me? Also I need alimony for our children. What would be the most ufficent way forward?
Expert:  Harris replied 1 year ago.
Thanks. In that case you should rely on unreasonable behaviour to pursue the divorce and cite his drug and drinking problem if this was the reasons for the marriage breaking down, and confirm if this reason has irretrievably broke down the relationship. The divorce petition is here: http://hmctsformfinder.justice.gov.uk/courtfinder/forms/d008-eng.pdf and the guidance notes on completing it are here: https://www.justice.gov.uk/downloads/fjr/d8-notes.pdfGiven the complications of the finances and child maintenance for you as you are abroad, you will need to potentially pursue an application for financial relief under a Form A once the petition has been issued. The court will consider all the circumstances of the marriage, both your full asset and financial positions as well as your needs, his needs and the children's needs when coming to a decision on what order to make about the finances. Given the potential complexities I would strongly suggest that you consider instructing a solicitor in England to represent you.