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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2725
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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We are an international couple. Wife English and husband (me)

Resolved Question:

We are an international couple. Wife English and husband (me) Danish. We met in Maldives got married in Sri Lanka in 1996. Have three children, age 17 born in England, age 15 born Greenland and age 13 born in Greenland. We have lived in Scotland for a number of years and latest in Denmark for 6 years. Oldest daughter got ill and wife taking it very hard resulting in strain on the marriage. We decided to move to England in order to support wife's needs for more familiar surroundings. She recently moved home to her parents in Wales with the three children and petitioned me for a divorce (in Wales). I now need to react correctly, but also with own interest in mind. I feel the childre are old enough to make their own decisions so this is really between my wife and myself. I have never lived in England before and still work in Greenland/Denmark with a reasonable amount of travel involved. For tax purposes my home country is still Denmark. I further disagree with the statement in the petition which is untrue in a way which could possibly favour her. Do I have to accept the divorce proceeding to take place in England. What are my best way forward?
Submitted: 1 year ago.
Category: Family Law
Expert:  Harris replied 1 year ago.
Hi, thank you for your question. You will need to see under what jurisdiction grounds she has applied and see if it is correct based on facts. I appreciate that you will unlikely agree with all that is said in the petition if it is based on unreasonable behaviour, but defending the proceedings is not useful as it will only prolong the inevitable and increase costs. Rather, you should state on your acknowledgement of service that you do not intend to defend but do not agree with the statement of case, and reserve the write to provide a statement in response.I hope this assists you. If you found this information helpful please provide a positive rating. I will not be credited for answering your question without a positive rating. Thank you
Customer: replied 1 year ago.
The idea that I am allowed to disagree with the statement case, and reserve the right to provide a statement in response, whilst not defending it is new to me and useful. What if an untrue statement later allow her to claim maintenance and I have not defended the petition? Is such a reservation then sufficient to discuss the statement? The other part of the question as to where the proceedings should take place is still unanswered. Can I start proceedings in Denmark, also an EU member state? Thanks/Sig
Expert:  Harris replied 1 year ago.
If the divorce petition has been issued in Wales (which appears to be the case) then England & Wales have jurisdiction and you will not be able to pursue a divorce in a different jurisdiction.In relation to maintenance - both of you are able to apply against the other for financial relief due to the marriage - the court will not consider the reasons for the divorce when deciding the finances unless there are allegations of financial misconduct.
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Customer: replied 1 year ago.
Thank you very much for your answers. Sig

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