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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33532
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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I was legally married in the UK in 2001, I am a resident of

Customer Question

I was legally married in the UK in 2001, I am a resident of Spain with UK passport. My estranged wife is Spanish and I have no permanent residence in the UK.
How can I get a divorce? We both agree, we have been living apart for 3 years, we have a settlement from a Spanish court, but there was no official marriage in Spain.
Submitted: 8 months ago.
Category: Family Law
Customer: replied 8 months ago.
The settlement from Spanish court deals with financial issues and child custody
Customer: replied 8 months ago.
I will be in the uk at the end of July, I would like to get it all sorted then. I need to know what steps to take now in order to achieve that.
Expert:  Nicola-mod replied 8 months ago.
Hello,
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Customer: replied 8 months ago.
I can wait a few days. Thanks
Customer: replied 8 months ago.
Please let me know if you need more info
Expert:  Clare replied 8 months ago.
HiThank you for your questionMy name is ***** ***** do my best to help you but I need some further information firstWhy do you not wish to start divorce proceedings in Spain
Customer: replied 8 months ago.
How do i do that?
I thought it may be easier in UK.
Customer: replied 8 months ago.
All I want to know is what procedure I need to follow, given that I have no permanent address in the uk. In the uk gov website it said i must be a uk resident
Expert:  Clare replied 8 months ago.
Will your ex agree to the divorce taking place in the UK?Do you have any links left with the Uk?
Customer: replied 8 months ago.
my ex will agree.
Yes, my parents and my brother all live in different parts of the UK. I usually visit a couple of times a year.
Expert:  Clare replied 8 months ago.
I do just have to check again - why do you not wish to have a divorce in Spain which is where all the other matters have been dealt with?
Customer: replied 8 months ago.
The marriage was never officially recognised in Spain, we didn't do the paperwork. When we got the legal separation and financial settlement we were told that in the UK we would remain legally married. I am in a new relationship and would like to officially finalise the UK union.
I guess I didn't make this clear. All I want is a document stating that my uk marriage is no longer valid, then I will be free to remarry should the occasion arrise.
Expert:  Clare replied 8 months ago.
That is intriguing since if the marriage is valid in the Uk it is valid in Spain and accordingly you can issue divorce proceedings there.However if you simply want to fine the easiest way out and your ex will co-operate then you can issue proceedings in the Uk based on the fact that you have lived apart for more than five years.The form you need is detailed herehttps://www.gov.uk/divorce/file-for-divorceYou should use a UK address to avoid problems - your parents address would be fine.Please ask if you need further details
Customer: replied 8 months ago.
I would like to issue divorce proceedings here in Spain but I have been told by Spanish authorities that the marriage was not registered in Madrid, and therefore is not validated here. We do have an official document which acknowledges the legal separation of our "common-law union", and deals with child custody and maintenance issues. However, I would like to finalise this divorce in the correct manner, and have that recognised under UK law, especially as the wedding took place in the UK.
I am no satisfied with your answer as it would require complications in that my ex would need a UK address also, and that they could not be the same address. Or would it would I be able to give her Spain address?
Expert:  Clare replied 8 months ago.
Your ex will NOT need a Uk address - only one of you needs to be domiciled in the UK - and you are the one with the strongest linksYou can do it from your Spanish address and claim that you are still Domiciled in the UK as one day you will return here - but using a Uk address will simply be easier
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33532
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 8 months ago.
OK, thanks.
Customer: replied 8 months ago.
Hello again Clare. I am completing the form but have a doubt about the jurisdiction. I can say that I, the petitioner am domiciled in the UK (at my mum's address) but should I put the Spain address for where the Respondent and I last lived together? And should I give her Spanish address as her current address, in part 1?
Customer: replied 8 months ago.
Also, should I mention, in part 4, the proceedings that have taken place in Spain?
Expert:  Clare replied 8 months ago.
long as you use your mother's address for you then all should be fineYou do indeed need to mention the Spanish proceedings

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